When Balazs Botocska sued Alex & Juait Garanvolgyi for $17,200 in back rent and real-estate taxes, the tenants alleged that they had paid their landlord some $65,000 -- more than enough to satisfy any arrears claimed to be due.
Apparently, the Garanvolgyis liked to pay their rent in cash. And, when they did, the landlord would count the money in their presence and hand over a receipt.
Interestingly, on the date the $65,000 payment was made, the receipt omitted the amount the owner had been given.
After trial, the Suffolk County District Court gave considerable weight to the Garanvolgyis's testimony and found in their favor.
Since the trial court was in a better position to "observe and evaluate the testimony" and assess the credibility of the witnesses, the Appellate Term, Second Department, deferred and left the outcome undisturbed.
There's no receipt for that.
To view a copy of the Appellate Term's decision, please use this link: Botocska v. Garanvolgyi