And finally, while "small claims matters are not bound by the rules of evidence, a determination may not be based solely on hearsay." (Rowe v Silver & Gold Expressions, 107 AD3d 1090, 1091 [2013] [citation omitted].) "Even at small claims, with its relaxed rules of procedure and evidence, the fundamental right to confront a witness by cross-examination must be preserved." (Falker v Chrysler Corp., 119 Misc 2d 375, 378 [Civ Ct, NY County 1983] [citation omitted].)
First and foremost, the parties in this litigation had a contract in the form of a lease agreement. That agreement provided for a one-year lease term to commence on April 1, 2018, and to end on April 1, 2019. Part of the lease agreement provided for the payment of a security deposit, though the agreement did not provide any account information concerning the security deposit. Ultimately, the parties mutually parted ways—the plaintiffs did not contest the defendants' request for them to move out—and any potential right for the defendants to charge the plaintiffs for costs incurred at the premises would be dictated by the lease agreement. Before the alleged costs and damages are considered, however, there is a clear issue concerning the security deposit.
In the matter at bar,