| Riney v W 54-7 LLC |
| 2012 NY Slip Op 50466(U) [34 Misc 3d 160(A)] |
| Decided on March 14, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through March 21, 2012; it will not be published in the printed Official Reports.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, New York County (Arthur F. Engoron, J.), entered on or about April 6, 2011, after
trial, in favor of plaintiff and awarding him damages in the principal sum of $4,000.
Per Curiam.
Judgment (Arthur F. Engoron, J.), entered on or about April 6, 2011, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions (see
CCA 1807), and giving due deference to the trial court's express factual findings (see
Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]),
we sustain the judgment awarding plaintiff a recovery of his rent security deposit. The court was
warranted in finding that plaintiff substantially complied with the relevant "Notice to Vacate"
provision of the governing lease agreement and that, in any event, defendant waived enforcement
of that provision.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 14, 2012