Band v Peters (2012 NY Slip Op 50067(U))
[*1]
Band v Peters
2012 NY Slip Op 50067(U) [34 Misc 3d 1213(A)]
Decided on January 3, 2012
Supreme Court, New York County
Ling-Cohan, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on January 3, 2012
Supreme Court, New York County
Doug Band, Plaintiff,
against
Bradford Peters, Defendant.
115845/10
Plaintiff:
Kaufman & Serota, P.C.
524 North Avenue, Suite 202
New Rochelle, NY 10801
212-732-6366
Defendant:
McDermott Will & Emery LLP
340 Madison Avenue
New York, NY 10173
212-547-5400
Doris Ling-Cohan, J.
The following papers, numbered 1-6 were considered on this motion for
summary judgment:
PAPERSNUMBERED
Notice of Motion/Order to Show Cause, — Affidavits — Exhibits1,
2, 3
Answering Affidavits — Exhibits
________________________________4, 5
Replying Affidavits6
Cross-Motion:[ ] Yes[ X ] No
Upon the foregoing papers, it is ordered that this motion is decided as
indicated below.
[*2]
Plaintiff Doug Band brings this breach of lease and
conversion action, seeking the return of his security and utility deposits. Plaintiff entered into a
residential lease (Lease) with defendant Bradford Peters, to rent defendant's home at 270
Deerfield Road, Watermill, NY (Premises), for a term of 35 days, beginning August 2, 2010 and
ending September 6, 2010. Pursuant to the Lease, the rent for the entire term was $92,500.00,
with a security deposit of $18,500.00 (Security Deposit) and a utilities deposit of $9,250.00
(Utilities Deposit). It is undisputed that these sums were timely paid by plaintiff and accepted by