Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered on or about June 6, 2011, after trial, in favor of defendant dismissing the action and awarding defendant damages in the principal sum of $2,849.78 on its counterclaim.

Per Curiam.

Judgment (Andrea Masley, J.), entered on or about June 6, 2011, modified to reduce defendant's recovery on its counterclaim to the principal sum of $1,816.39; as modified, judgment affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished substantial justice (see CCA 1804, 1807) in dismissing plaintiff-tenant's main action seeking recovery of her rent security deposit. The evidence, fairly interpreted, supports the court's express finding that defendant was entitled to apply plaintiff's security deposit to unpaid rent accruing after plaintiff's early vacatur of her leasehold. We agree that plaintiff may not invoke the protection of Real Property Law § 227-a(2), which permits a senior citizen entering an adult care facility, residential health care facility or subsidized housing project to terminate the lease, since she failed to comply with the notice requirements of the statute. We have reduced defendant-landlord's recovery on its counterclaim to $1,816.39, representing the rent ($2,849.78) and property damage ($350) shown to be owed by plaintiff, less the amount ($1,383.39) of her security deposit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur [*2]
Decision Date: March 20, 2012