[*1]
Connolly v Frankel
2004 NY Slip Op 50062(U)
Decided on February 11, 2004
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This opinion is uncorrected and will not be published in the Official Reports.


Decided on February 11, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570639/03

ADRIAN CONNOLLY, Plaintiff-Respondent,

against

DANIEL FRANKEL, Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered March 10, 2003 after trial (Analisa Torres, J.) awarding plaintiff a recovery in the principal amount of $2,300, plus interest and disbursements, and from the dismissal of defendant's counterclaim.


PER CURIAM:

Judgment entered March 10, 2003 (Analisa Torres, J.) affirmed, without costs.

Plaintiff's recovery of the remaining balance of his rent security deposit was consistent with the ends of "substantial justice" and is not disturbed (see, CCA 1807). Defendant failed to establish that he was entitled to retain the deposit because of alleged damage to the premises or other outstanding charges. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses (Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898).

This constitutes the decision and order of the court.