explanation why Mr. Leonard, who testified at trial and was identified as a "Landlord" in the
Lease, was not named as a Defendant.
Footnote 2: The Court's decision is not
intended to suggest that a landlord who commingles a tenant's security deposit with personal
funds does not have an opportunity to cure the conversion. Indeed, a landlord revives its right to
hold the deposit where the commingled funds are deposited into a segregated account prior to the
expiration of the lease and commencement of an action by the tenant to recover the deposit (See
McMaster, supra , 9 Misc 3d at 966-67, 804 NYS2d at 643 & n.2 (NY City Civ. Ct. 2005)
(citing Milton R. Friedman, Friedman on Leases § 20.4 [Nature of Security Deposit
- Statutes], at 1293 [4th ed. PLI 1997] ("Landlord's right to the security [deposit] is revived if the
commingling ceases before tenant brings an action to recover the deposit. But segregation after
expiration of the term and vacation by tenant is held too late for such revival"))).