Miller v Boyanski (2009 NY Slip Op 52324(U))
[*1]
Miller v Boyanski
2009 NY Slip Op 52324(U) [25 Misc 3d 1228(A)]
Decided on November 12, 2009
City Court Of Watertown
Harberson, J.
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 November 12, 2009
City Court of Watertown
Tammi L. Miller,
Plaintiff,
against
Mike Boyanski, Defendant.
09-32574
TAMMI L. MILLER, PRO SE
35423 Cutler Road
Carthage, NY 13619
MIKE BOYANSKI, PRO SE
121 Haley Street
Watertown, NY 13601
James C. Harberson, J.
Facts
The parties entered into a written lease contract prepared by the defendant landlord. This six
page, 34 paragraph agreement was signed on May 8, 2008, one of the terms of which provided
for a termination date originally of 4/10/09 and was apparently altered subsequent to May 8,
2008 to reflect a termination date of 5/30/09—see paragraph 1(B).
In other paragraphs pertaining to the issues in this case, the lease provided for an $850
security deposit at paragraph 3 that under paragraph 3a is subject to forfeiture "if the lease is
terminated" before the end of its term.
The plaintiff testified that the defendant was notified on or about 4/15/09 it was her intention
to move out on 4/30/2009 rather than on 5/10/2009, the date she understood to be the end of the
lease. She said that the defendant did not oppose this early termination request and the parties
arranged for a final walk through on 4/28/09 so if there was any further clean-up of the leasehold
it could be done before 5/1/09 when the water billing would be discontinued by the plaintiff. At