Wingett v Bartoloni

[*1] Wingett v Bartoloni 2005 NYSlipOp 51176(U) Decided on July 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2004-729 S C

Paul W. Wingett, Appellant,

against

Barbara Bartoloni (Gallery 429), Respondent.

Appeal by plaintiff, as limited by his brief, from so much of a small claims judgment of the Justice Court, Town of Southold, Suffolk County (R. Bruer, J.), entered November 17, 2003, as denied recovery of his security deposit.

Judgment insofar as appealed from unanimously affirmed without costs.

In this small claims action, plaintiff, the commercial tenant of defendant, sought, inter alia, the return of his security deposit. "It is well established that an action for the return of security is premature where the term has not yet expired" (Grays v Brooks, 148 Misc 2d 646, 648 [1990]; Cox v Dorlon Assoc., 113 Misc 2d 670 [1982]). As the tenancy had not terminated, plaintiff's action was premature.
Decision Date: July 21, 2005