| Hogue v PS 157 Lofts LLC |
| 2013 NY Slip Op 51398(U) [40 Misc 3d 138(A)] |
| Decided on August 23, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, New York County (Nancy M. Bannon, J.), entered on or about
May 3, 2012, in favor of plaintiff and awarding her damages in the principal sum of
$1,209.94, and dismissing defendant's counterclaim.
Per Curiam.
Judgment (Nancy M. Bannon, J.), entered on or about May 3, 2012, affirmed, without costs.
In the context of this small claims action, where the record permits a finding that plaintiff's decedent, the record tenant, was in compliance with the governing lease agreement and owed no rent at the time of her death, the judgment awarding plaintiff the return of the decedent's security deposit was not clearly erroneous (see Pierce v Pastorello, 255 AD2d 622, 622 [1998]) or "so shocking as to not be substantial justice" (Stein v Desrocher, 8 AD3d 915, 915 [2004], quoting Blair v Five Points Shopping Plaza, 51 AD2d 169, 169 [1976]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 23, 2013