Appeal by defendant from a small claims judgment of the Justice Court, Town of Goshen, Orange County (K. Van Haaster, J.), entered July 18, 2003, awarding plaintiff the sum of $300 and dismissing the counterclaim.

Judgment unanimously affirmed without costs.

Substantial justice was done between the parties in this small claims action seeking return of a security deposit (UJCA 1804, 1807). The parties did not dispute that plaintiff rented defendant's apartment for one month for the sum of $900 and that she tendered this amount plus a $300 security deposit to defendant. Defendant offered no evidence to support his counterclaim for one month's lost rent and the additional sums he claimed were due. Therefore, his counterclaim was properly dismissed. The
court's determination is supported by a fair interpretation of the evidence, and thus will not be disturbed upon appeal (Jones v Hart, 233 AD2d 297 [1996]; see also DiSalvo v Ordway, 208 AD2d 798 [1994]).
Decision Date: September 29, 2004