Felsenfeld v Remer

[*1] Felsenfeld v Remer 2013 NY Slip Op 50227(U) Decided on February 6, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 6, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
13-032.

Joshua A. Felsenfeld, Plaintiff-Respondent,

against

Janis R. Remer, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about December 15, 2011, after trial, in favor of plaintiff and awarding him damages in the principal sum of $1,450, and dismissing defendant's counterclaims.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered on or about December 15, 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 and its negative assessment of the defendant's credibility (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 governing sublease agreement and caused no compensable damage to the subleased apartment or defendant's furnishings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2013