Riney v W 54-7 LLC

[*1] Riney v W 54-7 LLC 2012 NY Slip Op 50466(U) Decided on March 14, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 14, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570972/11.

Shaun Riney, Plaintiff-Respondent,

against

W 54-7 LLC,

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered on or about April 6, 2011, after trial, in favor of plaintiff and awarding him damages in the principal sum of $4,000.

Per Curiam.

Judgment (Arthur F. Engoron, J.), entered on or about April 6, 2011, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807), and giving due deference to the trial court's express factual findings (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the judgment awarding plaintiff a recovery of his rent security deposit. The court was warranted in finding that plaintiff substantially complied with the relevant "Notice to Vacate" provision of the governing lease agreement and that, in any event, defendant waived enforcement of that provision.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: March 14, 2012