Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered November 21, 2002 after trial (Jose A. Padilla, J.) in favor of plaintiff in the sum of $650 plus interest and costs.

PER CURIAM:

Judgment entered November 21, 2002 (Jose A. Padilla, J.) reversed, without costs, and judgment granted in favor of the defendant on its first counterclaim in the principal sum of $650, plus interest and costs.

Since plaintiff-tenant did not comply with the notice procedure for premature cancellation of the lease, as set forth in the lease rider, he was required to pay defendant-landlord "liquidated damages in an amount equivalent to one month's rent", i.e., $1,300. In addition, the record establishes that plaintiff owed a balance of $650 for December 2001 rent at the time he vacated the premises. Thus, after crediting the amount of the security deposit retained by defendant, defendant is entitled to judgment as indicated. Since the mixed outcome of this small claims action is not "substantially favorable" to either side (see Walentas v Johnes, 257 AD2d 352, 354), "substantial justice" does not warrant an award of attorney's fees (CCA § 1807). [*2]

This constitutes the decision and order of the court.