Did Apartment Damage Justify Retaining Security Deposit?

Former tenant sued landlord, seeking recovery of his security deposit. The small claims court ruled for tenant in part, awarding him a judgment of $2,605, representing the security deposit, but awarding landlord $500 out of that amount for landlord's counterclaim. Landlord appealed, and the case was reopened. Appellate review of small claims judgments is limited to whether "substantial justice has been done between the parties." Here, the trial court didn't permit landlord to present certain photographs in support of his claim that tenant had caused damage beyond ordinary wear and tear. This, in effect, denied landlord a chance to call his witness, and substantial justice wasn't done between the parties. 

Cuevas v. Rowinski: App. No. 2019-1536 QC, 2020 NY Slip Op 51522(U)(App. T. 2 Dept.; 12/18/20; Aliotta, PJ, Weston, Elliot, JJ)