Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about June 16, 2004 after trial (Wilma Guzman, J.) awarding plaintiff a recovery in the principal amount of $1,600 and dismissing defendant's counterclaims.

PER CURIAM:

Judgment entered on or about June 16, 2004 (Wilma Guzman, J.) affirmed, without costs.

Liability was properly imposed upon the defendant-landlord in the small claims action, since the record permits a finding that defendant unreasonably withheld plaintiff-tenant's security deposit upon plaintiff's timely vacatur of the apartment at the end of the leasehold. Nor did defendant establish that he was entitled to retain the deposit because of alleged damage to the premises or other 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). The record and the ends of substantial justice support the award in plaintiff's favor (CCA 1807).

This constitutes the decision and order of the court. [*2]
I concur.
I concur.
I concur.
Decision Date: February 03, 2005