| Tata v 451 W. Owners Ltd. |
| 2008 NY Slip Op 50120(U) [18 Misc 3d 133(A)] |
| Decided on January 18, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of
New York, New York County (Geoffrey D. Wright, J.), entered on or about June 22, 2006, after
trial, in favor of defendants dismissing the action.
Per Curiam.
Judgment (Geoffrey D. Wright, J.), entered on or about June 22, 2006, reversed, without
costs, and judgment directed in favor of plaintiff in the principal sum of $5,000.
In the absence of any claim or showing that plaintiff-lessee damaged the subject apartment
premises in connection with his installation of hardwood floors, the defendant cooperative
cooperation was not entitled to retain the deposit given by plaintiff as security for the
performance of the renovation work. Any delay by plaintiff in seeking defendants' consent
for the renovation work did not serve as a proper basis to deny plaintiff recoupment of the funds.
Thus, "substantial justice" (CCA 1807) will best be achieved by awarding plaintiff a recovery of
$5000, the amount undisputedly tendered by plaintiff prior to his commencement of the
apartment renovations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 18, 2008