Gignac v Young (2011 NY Slip Op 50550(U))
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Gignac v Young
2011 NY Slip Op 50550(U) [31 Misc 3d 1210(A)]
Decided on April 6, 2011
Rochester City Ct
Yacknin, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 April 6, 2011
Rochester City Ct
Ana Gignac, Plaintiff,
against
Linda Young, Defendant.
SC-16523-10
Ana Gignac, plaintiff pro se.
Joseph F. Dinolfo, Esq. for defendant.
Ellen Yacknin, J.
Plaintiff Ana Gignac has sued her former landlord, defendant Linda Young, to
recover her security deposit minus pro rated rent for seven days. Specifically, Ms. Gignac seeks
$651.67 from Ms. Young.
An arbitrator's decision in this action was issued on January 13, 2011. Following a party's
demand, a trial de novo was held on March 25, 2011. Plaintiff Ana Gignac testified for plaintiff.
Defendant Linda Young testified for defendant.
To prevail in a civil action, a plaintiff must show, by a preponderance of the credible
evidence, that he or she is entitled to a judgment in his or her favor against the other party. After
reviewing the credible testimony and relevant documents, I make the following findings of fact
and conclusions of law.
FINDINGS OF FACT
On March 4, 2010, plaintiff Ana Gignac moved in an apartment owned by defendant Linda
Young at 184 Dartmouth Street in Rochester, New York. The month-to-month verbal tenancy
agreement provided for a monthly rent of $850.00, and a security deposit of $850.00.
In addition to residing there, Ms. Gignac gave massages to paying customers in her
apartment. On July 19, 2010, Ms. Young called Ms. Gignac and told Ms. Gignac that she must