Opinion
570639/03.
Decided February 11, 2004.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered March 10, 2003 after trial (Analisa Torres, J.) awarding plaintiff a recovery in the principal amount of $2,300, plus interest and disbursements, and from the dismissal of defendant's counterclaim.
Judgment entered March 10, 2003 (Analisa Torres, J.) affirmed, without costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Plaintiff's recovery of the remaining balance of his rent security deposit was consistent with the ends of "substantial justice" and is not disturbed (see, CCA 1807). Defendant failed to establish that he was entitled to retain the deposit because of alleged damage to the premises or other outstanding charges. 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.