Award to Landlord Increased

May 31, 1995

LVT Number: 9785

Landlord sued tenant in small claims court for damages to apartment when tenant moved out. The court ruled for landlord, finding that damages totaled $1,240. But the court awarded landlord only $140, finding that landlord could use tenant's $1,100 security deposit as a setoff. Landlord appealed, claiming that this was a mistake. Landlord had already applied the security deposit to damages before claiming the remaining $1,240. The appeals court ruled for landlord, finding that the lower court had made a mistake in its calculation by reducing the amount of the damages.

Landlord sued tenant in small claims court for damages to apartment when tenant moved out. The court ruled for landlord, finding that damages totaled $1,240. But the court awarded landlord only $140, finding that landlord could use tenant's $1,100 security deposit as a setoff. Landlord appealed, claiming that this was a mistake. Landlord had already applied the security deposit to damages before claiming the remaining $1,240. The appeals court ruled for landlord, finding that the lower court had made a mistake in its calculation by reducing the amount of the damages.

Michalakis v. Loehle: NYLJ, p. 28, col. 5 (5/23/95) (App. T. 2 Dept.; Kassoff, PJ, Chetta,Patterson, JJ)

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