In Neri v. Sclafani , Robyn Neri filed a small claims case to recover a $700 lease deposit.
Robyn alleged Francine and Mario Sclafani breached an agreement to make an apartment available by a specified date, thereby forcing the tenant to find another place to live.
The Sclafanis countered that Robyn could have moved into the unit, but refused to do so.
After the Suffolk County District Court found in Robyn's favor, the Sclafanis appealed to the Appellate Term, Second Department.
Since the parties' testimony conflicted, and the District Court was in the best position to observe the witnesses's demeanor and make credibility determinations, the AT2 deferred to the lower court's decision and affirmed the outcome.
There's no rockin' or robbin' Robyn.
To download a copy of the Appellate Term's decision, please use this link: Neri v. Sclafani