Opinion
570434/07.
Decided on February 22, 2008.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about February 14, 2007, after trial, in favor of defendant dismissing the main action and awarding defendant the principal sum of $2,100 on her counterclaim.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Judgment (Jeffrey K. Oing, J.), entered on or about February 14, 2007, modified to reduce defendant's recovery on her counterclaim to the principal sum of $350; as modified, judgment affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished substantial justice ( see CCA 1804, 1807) in dismissing plaintiff-tenant's action to recover his security deposit. The evidence, fairly interpreted, supports the court's express finding that plaintiff held over beyond the expiration of the governing lease agreement and was liable for use and occupancy through September 25, 2006. We have reduced defendant-landlord's recovery on her counterclaim to $350, representing the use and occupancy owed less the amount of the security deposit.
This Constitutes the Decision and Order of the Court.