ON APPEAL, AWARD REDUCED FOR $1589 T0 $1132.88
When L.S. sued her former landlord for the return of her security deposit in the amount of $2950, the Suffolk County District Court deducted $761 in unpaid rent, and $600 for damage which was “beyond normal wear and tear” and issued a money judgment in the amount of $1,589.00.
On appeal, the Appellate Term, Second Department, noted that its review of small claims cases was limited to a determination as to whether “substantial justice” had been effected “in accordance with the rules and principles of substantive law.” And while it had no issue with the $761 and $600 deductions, the AT2 thought the former owner was also entitled to a credit of $456.12, for refilling the oil tank (after plaintiff failed to do so, as was required by her lease).
Given that backdrop, the judgment was reduced to $1,132.88.
Was she running on empty there?
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DECISION