Appeal from a judgment of the District Court of Nassau County, Second District (Sharon Commissiong, J.), entered January 4, 2006. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's action.

Judgment, insofar as appealed from, is affirmed without costs.

In this small claims action, plaintiff sought recovery of his security deposit and reimbursement for repairs. In an earlier summary proceeding, it had been agreed, as part of a stipulation of settlement, that plaintiff's security deposit of $850 and an additional $200 would be returned to plaintiff if he vacated the apartment without damage. At the instant small claims trial, defendants established, inter alia, that the walls of the apartment had been painted red and green, in violation of the lease, causing defendants to incur painting charges of $1,475. Accordingly, based on a review of the record, it is our view that the court below, in finding that plaintiff did not prove his entitlement to recover monies from defendants, did substantial justice between the parties in accordance with the rules and principles of substantive law (UDCA 1804, 1807), and the judgment, insofar as appealed from, is affirmed.

Rudolph, P.J., Lippman and Molia, JJ., concur.
Decision Date: April 6, 2007