Benchmark Farm, Inc. v. Red Horse Farm, LLC, 2018 NY Slip Op 4522 (2018)

Benchmark Farm, Inc. v. Red Horse Farm, LLC, 2018 NY Slip Op 4522 (2018) New York state

...defendant Red Horse Farm, LLC, asserting, inter alia, constructive eviction, interference with quiet enjoyment, and unjustified failure to return a security deposit. The plaintiff served the defendant pursuant to Limited Liability Company Law § 303, by personal delivery of copies of...

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022) New York state

...Dev., LLC , 134 AD3d 629 , 632 [1st Dept 2015] [tenant was entitled to interest on the full security deposit from the date of its conversion]; 56 Bogart St., LLC v Vandyke , 60 Misc 3d 135 [A], 2018 NY Slip Op...

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022) New York state

On August 11, 2021, claimant Arlene Marie Karole commenced this small claims action against defendant 340 West End Ave, LLC, seeking $2,655.86 in damages for, among other things, defendant's failure to return a security deposit for an...

Cohen v. Abruzzo, 2024 NY Slip Op 03163 (2024)

Cohen v. Abruzzo, 2024 NY Slip Op 03163 (2024) New York state

...In order to use security deposit funds to pay the cost of repairing damages caused by a tenant (see generally Markowitz v Landau, 171 AD2d 564, 565), a landlord must comply, among other things, with General Obligations Law § 7-108...

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022) New York state

...The deposit is meant to cover the costs of repairing damages to the apartment" ( 14 E. 4th St. Unit 509 LLC v Toporek , 203 AD3d 17 [1st Dept 2022]). The security deposit "must be returned at the conclusion of the...

Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)

Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013) New York state

Plaintiff thereafter commenced this action against Khalid and VSH, alleging constructive eviction, trespass and breach of contract, and seeking treble damages pursuant to RPAPL 853 and the return of the security deposit. Following joinder of issue, Khalid commenced a third...

Siegel v. Mussabekova (2017)

Siegel v. Mussabekova (2017) New York state

...when defendants first moved in, the security deposit given to plaintiff, and a date, which was over two months earlier than that to which plaintiff testified, when defendants had vacated the apartment and returned the keys. Defendant Sulu Mussabekova appeals...

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012) New York state

...on its counterclaim for breach of the covenant of quiet enjoyment, and on its counterclaim for the return of its security deposit, unanimously modified, on the law, to grant plaintiffs motion as to defendant’s affirmative defense of accord and...

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012) New York state

...on its counterclaim for breach of the covenant of quiet enjoyment, and on its counterclaim for the return of its security deposit, unanimously modified, on the law, to grant plaintiffs motion as to defendant’s affirmative defense of accord and...