Sharlene Crowder sued Martin LaGrande for the return of her security deposit. Although a corporate entity was named as the landlord on Crowder's lease, LaGrande countersued for damage to the apartment. And, after trial, the Nassau County District Court awarded the tenant $1,000 and dismissed LaGrande's counterclaim.
On appeal, LaGrande argued that he wasn't a proper defendant, but the Appellate Term, Second Department, noted that he "waived" that objection because he didn't raise that issue before or during trial and had counterclaimed as if he were the owner.
As for any offsets, because LaGrande couldn't produce sufficiently itemized receipts for any repairs to the apartment, other than for $119.70, the AT2 reduced Crowder's refund to $880.30.
Wasn't that under LaGrande?
To view a copy of the Appellate Term's decision, please use this link: Crowder v. LaGrande