Skip to main content

2018 NY Slip Op 28434

Citation
2018 NY Slip Op 28434
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,088 chars
Both defendants testified, though Brian Swift presented a great majority of their case. The defendants offered a number of exhibits, including the lease agreement between the parties, a letter seeking reimbursement from the plaintiffs for damage to and missing items from the property, which also served as an explanation for not returning the plaintiffs' security deposit, along with four receipts, all of which were received.

Ms. Shipman and Ms. Swift had previously appeared on the morning of October 24, 2018, but Ms. Swift requested an adjournment due to health concerns involving Mr. Swift, as well as to procure counsel. The adjournment was granted. The defendants made a motion to dismiss the case at the commencement of the trial based upon the absence of plaintiff, Justin Fazio. Jessica explained that Mr. Fazio was at work and could not afford to lose the time, advising the court that she would present their case. As Ms. Shipman was able to present the case and testify for the plaintiffs, the defendants' motion was denied.

Testimony and Evidence

Plaintiffs' Case
[*2]