Appellate Terms of the Supreme Court of New York February 20, 1964 (Rose Container Corp. v. Lieberman)

lead-opinion

Per Curiam.

Plaintiff’s action for return of security deposited under the terms of the lease between the parties is premature. Having breached the lease, plaintiff’s liability under its terms survived the date fixed in defendants ’ notice of termination and continues to the expiration date fixed in the lease (Rand v. Rifkin, 263 N. Y. 416; International Pub. v. Matchabelli, 260 N. Y.