New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
August 6, 2012
BEN PAUL SINO,
Appeal from a judgment of the City Court of White Plains, Westchester County (Brian Hansbury, J.), entered September 8, 2010.
Ramirez v Sino
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on August 6, 2012
PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ
The judgment, after a non-jury trial, awarded plaintiff the principal sum of $1,400 and dismissed defendant's counterclaim.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover a security deposit in the sum of $1,400. Defendant counterclaimed for, among other things, November 2009 rent, allegedly owed because plaintiff had failed to give defendant a month's notice prior to removing from the apartment (see Real Property Law § 232-b). Following a non-jury trial, the City Court awarded plaintiff the principal sum of $1,400 and dismissed the counterclaim.
In our view, the City Court's determination rendered substantial justice between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). On the record before it, the City Court could properly find that plaintiff, a month-to month tenant, moved out after defendant's agent had demanded that he do so because of an overcrowding condition. In those circumstances, plaintiff would not be required to give defendant a month's notice of his intention to terminate the tenancy (cf. Metropolitan Life Ins. Co. v Childs Co., 230 NY 285, 293 ).
Accordingly, the judgment is affirmed
Nicolai, P.J., Molia and Iannacci, JJ., concur. Decision Date: August 06, 2012
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