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j0438957.jpgDiane Schweighofer sued Joe and Lucielle Straub to recover the balance of a rent deposit made on a single-family home.

After a trial, the Justice Court of the Town of Chester dismissed the case after finding that Schweighofer wasn't able to prove she couldn't move into the house because of the water's impotability and that the Straubs -- who lost one and half months' rent and advertising costs in order to find a new tenant -- were really the ones who had been damaged.

On appeal, the Appellate Term, Second Department, deferred to the Justice Court's credibility determinations and affirmed the outcome -- even though there was no certificate of occupancy for the structure.

Have mercy! j0236362.gifTo view a copy of the Appellate Term's decision, please use this link: Schweighofer v. Straub