Opinion
No. 2022-778 Q C
09-22-2023
Matthew D. Feinstein, Appellant, v. John Mahoney, Respondent.
Matthew D. Feinstein, appellant pro se. John Mahoney, respondent pro se (no brief filed).
Unpublished Opinion
Matthew D. Feinstein, appellant pro se.
John Mahoney, respondent pro se (no brief filed).
PRESENT:: WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LISA S. OTTLEY, JJ
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Claudia Lanzetta, J.), entered August 19, 2022. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.
ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.
Plaintiff commenced this small claims action against his former landlord to recover the principal sum of $3,600, which included his security deposit, and punitive damages pursuant to General Obligations Law § 7-108 (1-a) (g). After a nonjury trial, insofar as is relevant to this appeal, the Civil Court dismissed plaintiff's cause of action.
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" (CCA 1807; see CCA 1804; Ross v Friedman, 269 A.D.2d 584 [2000]; Williams v Roper, 269 A.D.2d 125, 126 [2006]).
Upon a review of the record, we find that the judgment, insofar as appealed from, rendered substantial justice (see CCA 1804, 1807).
Plaintiff's limited argument on appeal, that defendant's failure to comply with General Obligations Law § 7-108 (1-a) (e) forfeited his right to retain the security deposit, is without merit. General Obligations Law § 7-108 (1-a) (e) applies to non-rent-stabilized leases entered into on or after July 14, 2019 (see General Obligations Law § 7-108 [1]; Housing Stability and Tenant Protection Act of 2019, L 2019, ch 36, § 1, part M, § 29) and therefore does not apply to plaintiff's 2014 lease.
Accordingly, the judgment, insofar as appealed from, is affirmed.
TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.