Rossi v Scott (2017 NY Slip Op 50033(U))
[*1]
Rossi v Scott
2017 NY Slip Op 50033(U) [54 Misc 3d 131(A)]
Decided on January 5, 2017
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 January 5, 2017
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., and BRANDS, J.
2015-1224 N C
Joseph Rossi, Respondent,
against
Keith G. Scott and Margaret S. Scott,
Appellants.
Appeal from a final judgment of the District Court of Nassau County, First District
(Douglas J. Lerose, J.), entered December 23, 2014. The final judgment, insofar as
appealed from by tenant Keith G. Scott, after a nonjury trial, and, insofar as appealed
from by tenant Margaret S. Scott, following her failure to appear at the trial, entered
pursuant to a decision of the same court dated December 17, 2014 awarding landlord the
principal sum of $23,200 on his causes of action for arrears in rent and for use and
occupancy, and awarding tenants the principal sum of $7,500 on their first counterclaim
(for the return of their security deposit) and the principal sum of $100 on their third
counterclaim (for water charges), awarded landlord the net principal sum of $15,600 and,
in effect, dismissed tenants' second, and fourth through seventh, counterclaims, in a
holdover summary proceeding.
ORDERED that so much of the appeal as was taken by tenant Margaret S. Scott is
dismissed; and it is further,
ORDERED that the final judgment, insofar as appealed from, is modified by
reducing the award to landlord upon landlord's causes of action for arrears in rent and for