Opinion
2013-12-17
Marisa LA TORRE, Respondent, v. Justine CUMMINGS, Appellant.
Plaintiff established at trial that, in a prior proceeding, defendant had been awarded a money judgment against her for the rental arrears, and that plaintiff's wages were being garnished to satisfy that judgment. Defendant failed to establish that plaintiff owed any arrears accruing after the prior action. With respect to defendant's assertion, in the alternative, that she is entitled to retain the security deposit to cover her costs arising from plaintiff's damage to the premises, we note that it is well settled that a security deposit remains the property of the tenant (General Obligations Law § 7–103[1] ) and must be returned at the conclusion of the tenancy ( see Cruz v. Diamond, 6 Misc.3d 134[A], 2005 N.Y. Slip Op 50187[U] [App Term, 9th & 10th Jud Dists 2005] ), in the absence of competent proof that the tenant caused damage beyond that attributable to ordinary wear and tear ( see generally Finnerty v. Freeman, 176 Misc.2d 220, 222, 673 N.Y.S.2d 843 [App Term, 9th & 10th Jud Dists 1998] ). Here, the record does not support defendant's claims of damage to the premises. In view of the foregoing, and as defendant's remaining argument is without merit, we affirm the judgment.