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Houston v. Kennedy

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 858 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the County Court of Greene County (Pulver, Jr., J.).


In this small claims action, plaintiff seeks to recover $1,800 representing the security deposit as well as the first and last months' rental payment for a trailer home that plaintiff agreed to lease from defendants. Plaintiff maintains that she is owed this refund because the trailer was not fit for occupancy and because she never entered into a binding lease. After a bench trial, Town Court dismissed the complaint, concluding that the funds were nonrefundable in view of a prelease and lease agreement which state as much and which were signed by plaintiff. County Court affirmed Town Court's judgment and plaintiff appeals.

We affirm. In small claims cases, the standard of review is "whether substantial justice has been done between the parties according to the rules and principles of substantive law" ( Pierce v. Pastorello, 255 A.D.2d 622), and judgments in those cases are not to be disturbed unless they are clearly erroneous ( see, Moses v. Randolph, 236 A.D.2d 706, 707). In the matter at hand, plaintiff offered only her testimony, which Town Court found wanting, to support her claims. By contrast, defendants presented documentary evidence which established the existence of a binding agreement as well as the fact that the $1,800 was nonrefundable. Accordingly, there is, as County Court found, no basis for concluding that Town Court's determination was erroneous.

Mikoll, J. P., Crew III, Spain and Carpinello, JJ., concur.

Ordered that the order is affirmed, with costs.


Summaries of

Houston v. Kennedy

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 858 (N.Y. App. Div. 1999)
Case details for

Houston v. Kennedy

Case Details

Full title:REGINA HOUSTON, Appellant, v. DEBRA KENNEDY et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 21, 1999

Citations

257 A.D.2d 858 (N.Y. App. Div. 1999)
684 N.Y.S.2d 310

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