Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Eileen Koretz, J.), entered on or about June 7, 2004, after trial, in favor of plaintiff and awarding him damages in the principal sum of $1,950.

Per Curiam:

Judgment (Eileen Koretz, J.), entered on or about June 7, 2004, reversed, without costs, and judgment directed in favor of defendant dismissing the action.

The trial evidence established that plaintiff, a former tenant of a residential building owned by defendants, vacated the subject apartment 10 months prior to the expiration of his lease, owing at least one month's rent. Under the terms of the parties' lease agreement, defendants were entitled to retain the security deposit to satisfy unpaid rent or damages resulting from tenant's breach of the lease terms. Plaintiff's unsubstantiated complaints about the conditions of the apartment were insufficient to sustain his burden of establishing that defendants breached the warranty of habitability. Dismissal of the small claims action thus achieves substantial justice consistent with substantive law principles (see CCA 1807).

This constitutes the decision and order of the Court.
Decision Date: July 3, 2006