The court finds that the landlords have failed to comply with section 233 of the Real Property Law and section 1302-a of the Penal Law and therefore converted the deposit of $6,000. The alleged placing of $6,000 in a safe deposit box in some bank in Pennsylvania was not money held in trust as required by the sections above cited. The $6,000 was not in any way "earmarked" nor was any notice of its existence and the locus of its existence given...
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