Opinion
570674/03.
Decided January 29, 2004.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered March 6, 2003 after trial (Geoffrey D. Wright, J.) awarding plaintiff a recovery in the principal sum of $1,836.84, plus interest and disbursements.
Judgment entered March 6, 2003 (Geoffrey D. Wright, J.) affirmed, without costs.
PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, Justices.
Plaintiff's recovery of the amount of his security deposit, less a setoff representing an MCI increase and the amount paid by defendant for repair expenses, was consistent with the ends of "substantial justice" and is not disturbed (see, CCA 1807). We note that the apartment was immediately rented to a new tenant upon plaintiff's surrender, and the record does not support defendant's claim for additional broker's fees or for attorneys' fees. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses (Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898).
This constitutes the decision and order of the court.