| Rogers v Avgush |
| 2009 NY Slip Op 52524(U) [25 Misc 3d 143(A)] |
| Decided on December 16, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City
of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 12, 2006, after
trial, in favor of plaintiff and awarding her damages in the principal sum of $830.
Per Curiam:
Judgment (Ben R. Barbato, J.), entered on or about September 12, 2006, affirmed, without costs.
We sustain the modest judgment awarded in favor of plaintiff upon the trial of this small claims action, since the record now before us permits a finding that defendant unreasonably withheld the security deposit tendered by plaintiff prior to the contemplated tenancy. It cannot be said that a determination adverse to defendant "is so shocking as to not be substantial justice" (Blair v Five Points Shopping Plaza, 51 AD2d 167, 169 [1976]; see Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: December 16, 2009