Opinion
No. 2014–818ROC.
07-13-2015
Herbert CASTILLO and LILIAM CASTILLO, Respondents, v. Vincenzo GALVANO, Appellant.
Opinion
Appeal from a judgment of the Justice Court of the Town of Orangetown, Rockland County (Patrick J. Loftus, J.), entered October 28, 2013. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $3,000.
ORDERED that the judgment is affirmed, without costs.
Plaintiffs commenced this small claims action against defendant, their former landlord, to recover their security deposit in the amount of $3,000. After a nonjury trial, the Justice Court awarded plaintiffs the principal sum of $3,000.
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 A.D.2d 584 [2000] ; Williams v. Roper, 269 A.D.2d 125 [2000] ). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v. State of New York, 184 A.D.2d 564 [1992] ; Kincade v. Kincade, 178 A.D.2d 510, 511 [1991] ). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v. Roper, 269 A.D.2d at 126 ).
A security deposit remains the property of the tenant (see General Obligations Law § 7–103[1] ) and has to be returned at the conclusion of the tenancy (see Cruz v. Diamond, 6 Misc.3d 134[A], 2005 N.Y. Slip Op 50187[U] [App Term, 9th & 10th Jud Dists 2005] ) absent, for example, proof that the tenant had caused damage beyond that attributable to ordinary wear and tear (see generally Finnerty v. Freeman, 176 Misc.2d 220, 222 [App Term, 9th & 10th Jud Dists 1998] ). Here, while defendant asserted that plaintiffs had damaged the premises, he failed to submit any proof as to the value of the damage, such as by means of an itemized paid bill or two itemized estimates (see UJCA 1804 ).
The court accepted plaintiffs' version that a $3,000 security deposit had been given in cash, rather than defendant's claim that a $2,000 security deposit had been given by checks issued months after the tenancy began. As the Justice Court's determination is supported by the record and provides the parties with substantial justice (see UJCA 1804, 1807 ), the judgment is affirmed.
TOLBERT, J.P., GARGUILO and CONNOLLY, JJ., concur.