Vila v Brewer

[*1] Vila v Brewer 2008 NY Slip Op 52357(U) [21 Misc 3d 140(A)] Decided on November 19, 2008 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 19, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-1441 OR C.

Carol Vila, Appellant,

against

Cathie Brewer and TERRY BREWER, Respondents.

Appeal from a judgment of the Justice Court of the Town of Deerpark, Orange County (Anthony T. Tufano, J.), entered June 28, 2007. The judgment, after a nonjury trial, dismissed plaintiff's cause of action and awarded defendant Cathie Brewer the principal sum of $2,650 on her counterclaim.

Judgment reversed without costs and judgment directed to be entered awarding plaintiff the sum of $1,650 and dismissing the counterclaim.

Substantial justice was not done in accordance with the rules and principles of substantive law in this small claims action by plaintiff, defendant's former tenant, to recover her security deposit (UJCA 1804, 1807). The judgment in favor of defendant Cathie Brewer on her counterclaim seeking to recover for damage to her premises is unsupported by the record since Cathie Brewer did not provide paid bills or two itemized estimates to establish the reasonable value and necessity of the repairs allegedly made to the premises (UJCA 1804). Consequently, defendants are not entitled to retain the security deposit paid by plaintiff. Accordingly, judgment is to be entered awarding plaintiff the sum of $1,650 and dismissing the counterclaim.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: November 19, 2008