Opinion
07-181.
Decided on January 18, 2008.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered on or about June 22, 2006, after trial, in favor of defendants dismissing the action.
Judgment (Geoffrey D. Wright, J.), entered on or about June 22, 2006, reversed, without costs, and judgment directed in favor of plaintiff in the principal sum of $5,000.
In the absence of any claim or showing that plaintiff-lessee damaged the subject apartment premises in connection with his installation of hardwood floors, the defendant cooperative cooperation was not entitled to retain the deposit given by plaintiff as security for the performance of the renovation work. Any delay by plaintiff in seeking defendants' consent for the renovation work did not serve as a proper basis to deny plaintiff recoupment of the funds. Thus, "substantial justice" (CCA 1807) will best be achieved by awarding plaintiff a recovery of $5000, the amount undisputedly tendered by plaintiff prior to his commencement of the apartment renovations.