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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

1,020 chars
Finally, I find unpersuasive the defendants' explanations for withholding the security deposit, not to mention their requests for additional payments from the plaintiffs. For one, the lease agreement merely provides that the tenants "provide fuel oil for sufficient heat"; it includes no requirement that they refill it prior to the end of their lease agreement and makes no mention of propane. Even if it could be inferred that they were to provide for their own propane, there is likewise nothing requiring them to refill the tank prior to vacating the premises. Nevertheless, the defendants' method of determining the amount of oil used by the plaintiffs was flawed. For one, there was no measurement of either tank when they moved into the residence. For two, Brian's explanation of how Ruth figured out the amount that they owed was questionable, at best, especially considering that Ruth had previously testified and never mentioned this. Brian's testimony in this regard was significantly grounded upon hearsay.