On cross, Jessica denied stealing any items that the defendants listed as missing, such as a log splitter, string trimmer, or lamps, denied breaking any items, such as the refrigerator [*3]handle, explained that her father fixed the lawn mower, which was regularly used by the plaintiffs to mow their lawn, and that the locks were changed on the premises when they went to remove a few last bags of garbage after vacating. Although it was not part of any payment sought by the defendants, Jessica otherwise denied that anyone smoked in the premises and denied that the plaintiffs used any oil to heat the premises from April through July. She acknowledged that they used propane for hot water and to cook and that the shower head was replaced, but that the original one was left in the bathroom.
George Shipman, Jessica's father, testified for the plaintiffs. George testified to helping the plaintiffs move into the property, which also involved moving items belonging to Brian's mother, and to helping the plaintiffs move out of it. The crux of his brief testimony was that the property was in the same condition when he helped the plaintiffs move out as it was when he helped them move in. While he was initially called to support the plaintiffs' moving expenses claim, Jessica withdrew that claim after George explained that he does not typically charge his daughter to move her belongings when changing residences.{**63 Misc 3d at 909}
Defendants' Case
Ruth Swift testified briefly and primarily to her communications with the plaintiffs about moving out due to the defendants' concerns with insuring the premises. She was not present or involved when the plaintiffs were making arrangements to move into the home, and she did not inspect the premises after they moved out.