| Lipton v Dziubelska |
| 2004 NY Slip Op 50530(U) |
| Decided on May 25, 2004 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by tenants from a final judgment of the Justice Court, Town of Carmel, Putnam County (J. Reitz, J.), entered November 4, 2002, in favor of landlords in the principal sum of $5,060.
Final Judgment unanimously affirmed without costs.
The record on appeal supports the findings of the trial court that the parties entered into an oral agreement wherein tenants agreed to lease the subject premises for the use of their employees. The record further supports the court's finding that the rent was $2,200 per month for the months of July and August of 2002 and that tenants held over for three days in September. In view of the foregoing, landlords were entitled
to recover rent for July and August of 2002 as well as rent for the entire month of September. Thus, the court's award to landlords of a total of only $660 for September 2002 was in effect beneficial to tenants. We note that landlords have not cross-appealed. Finally, landlords' testimony to the effect that they did not hold any security was uncontradicted.
Decision Date: May 25, 2004