Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered September 19, 2012. The judgment, entered pursuant to a decision of the same court dated July 31, 2012, after a nonjury trial, awarded plaintiff the principal sum of $9,050.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated July 31, 2012 is deemed a premature notice of appeal from the judgment entered September 19, 2012 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is modified by increasing the amount of the award in favor of plaintiff to the principal sum of $13,575; as so modified, the judgment is affirmed, without costs.

Plaintiff commenced this action to recover $19,950 in unpaid rent. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $9,050, representing rent for three months at $825 per month and for eight months at $925 per month, minus an $825 credit for a security deposit. Plaintiff appeals on the ground of inadequacy.

At the trial, the evidence showed the following: In the fall of 2009, defendant moved into an apartment that plaintiff had lived in for many years. It was agreed between the parties that defendant would pay her half of the rent directly to plaintiff. Defendant's half of the rent initially amounted to $825 per month and subsequently increased to $925 per month. From April 2010 through April 2011, plaintiff paid the full rent to the landlord, but defendant failed to pay her share. From May 2011 through October 2011, neither plaintiff nor defendant paid any rent, and the landlord ultimately obtained a judgment in the principal sum of $11,100 against plaintiff, representing those six months of rent. Defendant subsequently paid the landlord $11,100, representing the full rent for May 2011 through October 2011. In return, the landlord assigned to defendant the $11,100 judgment that he had obtained against plaintiff. Defendant also paid the landlord the full rent (both her and plaintiff's shares) for three additional months, November 2011 through January 2012.

Based on the evidence presented, we find that plaintiff should have been awarded $3,300, representing defendant's share of the rent at $825 per month for the
months of April 2010 through July 2010, and $13,875, representing defendant's share of the rent at $925 per month for the months of August 2010 through October 2011, for a total sum of $17,175. However, that amount should be offset by the $825 security deposit that defendant had given to plaintiff and by $2,775, representing the $925 per month that defendant had paid to the landlord for plaintiff's share of the rent for November 2011 through January 2012. [*2]

Accordingly, we modify the judgment by increasing the amount of the award in favor of plaintiff to the principal sum of $13,575.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: February 28, 2014