Schlesinger v Edwards (2010 NY Slip Op 51841(U))
[*1]
Schlesinger v Edwards
2010 NY Slip Op 51841(U) [29 Misc 3d 130(A)]
Decided on October 20, 2010
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 October 20, 2010
SUPREME COURT OF THE STATE OF NEW
YORK
APPELLATE TERM: 9th and 10th JUDICIAL
DISTRICTS
PRESENT: : MOLIA, J.P., LaCAVA and IANNACCI, JJ
2008-945 N C.
Peter L. Schlesinger, Respondent-Appellant,
against
Richard Edwards, Appellant-Respondent.
Appeal and cross appeal from a judgment of the District Court of Nassau County, Third
District (Norman Janowitz, J.), entered November 5, 2007. The judgment, after a nonjury trial,
insofar as appealed from by defendant, awarded plaintiff the principal sum of $4,300, and,
insofar as cross-appealed from by plaintiff, awarded defendant the principal sum of $553.54 on
his counterclaim.
ORDERED that the judgment, insofar as appealed from by defendant, is affirmed
without costs.
ORDERED that the judgment, insofar as cross-appealed from by plaintiff, is modified by
reducing the award in favor of defendant on his counterclaim to the
principal sum of $373.54; as so modified, the judgment, insofar as cross-appealed from, is
affirmed without costs.
Plaintiff commenced this small claims action to recover the sum of $4,300, representing a
security deposit in the amount of two months' rent, for an apartment that he had rented from
defendant. Defendant counterclaimed to recover the sums of $171.22 in unpaid electric bills,
$84.42 in unpaid water bills, $155 for carpet cleaning, $125 for cleaning or repair of bath/kitchen