New Trial Needed in Security Deposit Case

Former tenant sued landlord in Nassau County small claims court for a refund of his security deposit. The court ruled for tenant and awarded him $1,800. Landlord appealed, and the case was reopened for a new trial. Landlord had claimed that tenant caused damage to the premises, costing $2,500 to repair. At trial, he found out that the court wouldn't accept the evidence that he had stored on his cell phone. The court also then denied his request for an adjournment. Although the court had the discretion to deny the adjournment, the standard of review of a small claims judgment is whether "substantial justice has . . . been done between the parties." The trial court should have given landlord an adjournment since the request wasn't made to delay the case and landlord had exercised due diligence in preparing for court.

Slaughter v. Pekich: Index No. 2019-1053NC, 2020 NY Slip Op 50748(U)(App. T. 2 Dept.; 6/18/20; Adams, PJ, Tolbert, Ruderman, JJ)