| A&R Kalimian Realty, LLC v Meinel |
| 2004 NY Slip Op 51619(U) |
| Decided on December 15, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about March 3, 2003 after trial (Geoffrey D. Wright, J.) in favor of plaintiff, and awarding it damages in the principal sum of $2,579.86.
PER CURIAM:
Judgment entered on or about March 3, 2003 (Geoffrey D. Wright, J.) modified by reducing plaintiff's damage award to the principal sum of $729.86; as modified, judgment affirmed, without costs.
Giving proper effect to the terms of the parties' lease and lease surrender agreements, and considering the absence of any showing by plaintiff-landlord that it incurred out-of-pocket expenses as a result of the defendant-tenant's early vacatur of the leasehold, we reduce plaintiff's damage award so as to reflect a credit to defendant of the amount ($1,850) of her security deposit. This result is both supported by the trial evidence and consistent with the ends of "substantial justice" (CCA 1807).
This constitutes the decision and order of the court.
Decision Date: December 15, 2004