| Hidalgo v Samaras |
| 2021 NY Slip Op 50231(U) [71 Misc 3d 127(A)] |
| Decided on March 18, 2021 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Jimmy Samaras, appellant pro se. Maria Teresa Garcia Hidalgo, respondent pro se (no brief filed).
Appeal from a judgment of the Justice Court of the Village of Sleepy Hollow, Westchester County (Andres J. Valdespino, J.), entered July 8, 2019. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,500.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $3,000, alleging that defendant had improperly withheld a rental security deposit. Following a nonjury trial, a judgment was entered in favor of plaintiff in the principal sum of $1,500, and defendant appeals, arguing, for the first time, that he was not the proper party to be sued for the return of the security deposit.
In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UJCA 1807; see UJCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). By failing to raise in a Justice Court the defense that he was an improper party to be sued for the return of the security deposit, defendant waived the issue (see Crowder v LaGrande, 36 Misc 3d 140[A], 2012 NY Slip Op 51488[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2012]). In view of the foregoing, the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UJCA 1804, 1807).
Accordingly, the judgment is affirmed.