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Jenkins v. Sarshar

Supreme Court, Appellate Term, New York, First Department.
Jan 18, 2018
58 Misc. 3d 148 (N.Y. App. Term 2018)

Opinion

570653/17

01-18-2018

Kendell JENKINS, Plaintiff–Appellant, v. Houman SARSHAR, Ferdos Capital, LLC, Uzi Evron, 146 West Realty, LLC, Defendants–Respondents.


Judgment (Adam Silvera, J.), entered May 2, 2017, insofar as appealed from, affirmed, without costs.

On a bench trial, the decision of the fact-finding court "should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence" ( Claridge Gardens v. Menotti , 160 AD2d 544, 545 [1990] ). Applying that standard of review here, we find no basis to substitute our judgment for that of the trial court in dismissing the action by plaintiff-tenant seeking a return of his security deposit. The evidence permitted a finding that the repair costs incurred by defendant-landlord following plaintiff's vacatur exceeded the value of plaintiff's $1,350 security deposit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Jenkins v. Sarshar

Supreme Court, Appellate Term, New York, First Department.
Jan 18, 2018
58 Misc. 3d 148 (N.Y. App. Term 2018)
Case details for

Jenkins v. Sarshar

Case Details

Full title:Kendell JENKINS, Plaintiff–Appellant, v. Houman SARSHAR, Ferdos Capital…

Court:Supreme Court, Appellate Term, New York, First Department.

Date published: Jan 18, 2018

Citations

58 Misc. 3d 148 (N.Y. App. Term 2018)
94 N.Y.S.3d 538