Id.(citations omitted). See also Tappan Golf Drive Range, Inc. v. Tappan Property, Inc., 68 AD3d
440, 440-41(1st Dept., 2009). In this case, the record does not reveal any such conversion of
the funds held in trust.
Footnote 4:Kamara v. Pavia, 11
Misc 3d 1051(A)(Rochester City Court, Yacknin, J., 2006)(citing to People v. Lyon, 82
AD2d 516, 520 (2d Dep't 1981). Judge Yacknin went on to note that "the Attorney General of
the State of New York is explicitly authorized to institute a legal action to compel a landlord to
comply with the mandates of NY General Obligations Law § 7-103, and to return
unlawfully held security deposits. See NY General Obligations Law § 7-109; Gerel Corp. v. Prime Eastside Holdings,
LLC, 12 AD3d 86, 89 (1st Dep't 2004).
Footnote 5:General Business Law §
349 provides that "deceptive acts or practices in the conduct of any business ... in this state are
declared unlawful." See Miller v. Boyanski,, 25 Misc 3d 1228(A)(Watertown City Court,
Harberson, J., 2009).
Footnote 6:"Notice to Vacate. This
lease shall end on 31 Oct 09 , hereafter referred to as vacating date. Tenant must notify
the landlord on or before the end of the prior month that they will be vacating on the above date.
Failure to timely notify the landlord that the tenant will vacate the property shall make this lease
a month-to-month lease and the tenant shall be liable for an additional 30 days rent. Beginning
30 days prior to the vacating date, either party may give the other party 30 days notice in writing
in order to end the lease."
Footnote 7:Rutgers v. Hunter, 6
Johns. Ch 215 (Chancery Court of New York, 1822).To avoid the rule against perpetuities (e.g.
that property can't be alienated for a period in excess of a life in being plus 21 years), such