Opinion
2003-131 K C.
Decided November 21, 2003.
Appeal by defendant from a small claims judgment of the Civil Court, Kings County (L. Jacobson, J.), entered June 26, 2002, in favor of plaintiff in the principal sum of $600.
Judgment unanimously modified by reducing the amount of the award in favor of plaintiff to the sum of $550; as so modified, affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
The instant action, for the return of a $700 security deposit, presented issues of credibility which were properly decided by the lower court and should not be disturbed since the court's determination thereof was based on a fair interpretation of the evidence ( see Jones v. Hart, 233 AD2d 297; DiSalvo v. Ordy, 208 AD2d 798). However, as the lease specifically provided that in the event plaintiff was three days late in paying rent a $50 late fee would be assessed against her and defendant conceded that she did not pay rent for the month of January 2002, we find that substantial justice requires the reduction of the award in favor of plaintiff by $50 (CCA 1807).