Appeal, on the ground of inadequacy, from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered May 16, 2006. The judgment awarded plaintiff the principal sum of $700.

Judgment modified by increasing the amount awarded to plaintiff to the principal sum of $2,026.64; as so modified, affirmed without costs.

In this small claims action to recover for property damage and unpaid rent and utility bills, plaintiff appeals, on the ground of inadequacy, from a judgment in her favor in the principal sum of $700, representing the amount of unpaid rent less the amount of a security deposit being held by plaintiff. With regard to plaintiff's claim for unpaid utility bills, we find that the record does not support plaintiff's claim. However, with regard to plaintiff's claim for property damage, we find that substantial justice requires that the judgment be modified by increasing the amount awarded to plaintiff (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). The record supports plaintiff's claim for an additional amount of $1,326.64, the cost of replacing the damaged carpeting, for a total principal sum of $2,026.64. Consequently, we modify the judgment accordingly.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: January 2, 2008