Appeal by defendant from a small claims judgment of the Justice Court, Town of Goshen, Orange County (T. Cione, J.), entered May 18, 2004, in favor of plaintiffs in the principal sum of $800.

Judgment unanimously affirmed without costs.

Plaintiffs instituted this small claims action for the return of an $800 deposit pursuant to an oral agreement for a one month rental of defendant's condominium in Florida. Plaintiffs, after being unable to contact defendant by telephone, cancelled the rental. The court found that defendant was unresponsive to plaintiffs' telephone calls and that the oral agreement did not provide that the deposit was nonrefundable. Consequently, the court awarded judgment in favor of plaintiffs. After reviewing the record and the issues raised on this appeal, we find that substantial justice was done between the parties according to the rules and principles of substantive law (see UJCA 1807). In view of the foregoing, the judgment is affirmed.
Decision Date: July 28, 2005