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2018 NY Slip Op 28434

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

Full Text

1,504 chars
Jessica otherwise testified to an episode where a contractor came to the premises to complete some work, but had left upon learning that the plaintiffs' two children were home from school due to illness. She also testified to contractors coming to the premises unannounced for various repairs or improvements planned by the defendants, and to another episode where the defendant wanted to show the bathroom for prospective{**63 Misc 3d at 908} improvements, but she refused entry because her children were asleep in a room through which the defendant and contractors would have to walk to gain entry to the bathroom. To address the defendants' concerns, Jessica took pictures of the bathroom and sent them to Brian, which, to her, seemed to quell any problems with the defendants.

Jessica denied receiving anything in writing or otherwise regarding a financial institution or account information concerning the plaintiffs' security deposit. Almost two months after filing their small claims complaint, the plaintiffs received a letter from the defendants in response to their request for return of their security deposit. (Defendants' exhibit G.) The letter lists several "deficiencies" concerning the condition of the premises when the plaintiffs moved out and requests payment in the amount of $4,032.56 for those listed items, along with an itemization of the cost of each listed item. Jessica otherwise explained that the house was in as good of a condition—if not, better—than when they moved in.