Byrne v Rossi

[*1] Byrne v Rossi 2005 NYSlipOp 50375(U) Decided on March 23, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 23, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2004-512 OR C

Christine Byrne and CHRISTOPHER BYRNE, Respondents,

against

Victor Rossi, Appellant.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (J. Werner, J.), entered on December 9, 2003, which awarded plaintiffs the sum of $955.94.

Judgment unanimously affirmed without costs.

In this small claims action to recover, inter alia, a $2,500 security deposit, we find that the trial court properly offset various amounts therefrom representing damages that defendant sustained. Consequently, the court rendered substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). [*2]
Decision Date: March 23, 2005