New Trial Required

April 30, 1995

LVT Number: 9718

Tenant sued landlord to recover a security deposit after he moved out. The Wall-kill town court ruled against tenant and tenant appealed. The appeals court reversed and ordered a new trial. Landlord had claimed that the cost of cleaning and repairing the apartment after tenant left was greater than the amount of the security deposit. But landlord didn't show sufficient proof of this. A new trial was needed in the interest of justice.

Tenant sued landlord to recover a security deposit after he moved out. The Wall-kill town court ruled against tenant and tenant appealed. The appeals court reversed and ordered a new trial. Landlord had claimed that the cost of cleaning and repairing the apartment after tenant left was greater than the amount of the security deposit. But landlord didn't show sufficient proof of this. A new trial was needed in the interest of justice.

Seeley v. Lewis: NYLJ, p. 29, col. 5 (4/12/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Luciano, JJ)

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