Pryor Cashman Wins Summary Judgment in Case Involving Landlord’s Conversion of Client’s Security Deposit
Pryor Cashman has won summary judgment for its client, Matthew Pritzker, in a case brought against his landlord for conversion of his security deposit.
When Pritzker’s landlord, Park South Lofts, LLC, refused to return his security deposit unless he waived his right to challenge the portion of the security deposit the landlord claimed was needed to repair alleged damage to the apartment, Pritzker filed suit in N.Y. Supreme Court, N.Y. County. In his Complaint, Pritzker alleged causes of action for conversion, breach of the lease and violation of General Business Law (GBL) §7-103.
Pryor Cashman subsequently moved for summary judgment and demonstrated unequivocally that the landlord had commingled Pritzker’s security deposit with its other funds. The Court granted that motion, finding that such commingling violated GBL §7-103 and also constituted conversion, entitling Pritzker to the immediate refund of his entire security deposit. In addition, the landlord’s refusal to refund the portion of the security deposit admittedly due to Pritzker unless he waived his claim to the remainder was found to be a breach of the lease.
Pryor Cashman Real Estate Litigation Partner Eric D. Sherman represented Pritzker in the case and on his successful motion for summary judgment.
To read Judge Jane Solomon’s November 19, 2010 decision grating Pryor Cashman’s motion for summary judgment in Pritzker v. Park South Lofts, LLC, which was featured in The New York Law Journal as a "Decision of Interest," please click here.
