ut the apartment on May 31, 2019, but plaintiff testified that when she was on the phone with her boyfriend telling him she was not satisfied with the apartment Ms. Kelly asked her "how was the apartment?" to which plaintiff testified she said "it was a disaster."
Plaintiff testified that on June 3, 2019, at Empire's office, she spoke to Ms. Kelly and told her based on the condition of the apartment for the amount of money she paid she just wanted her money back. On that day, a portal account was set up for plaintiff while she was at the office for her to input her complaints. The printout of plaintiff's complaint was submitted{**65 Misc 3d at 897} into evidence at trial (exhibit 5), and states in relevant part: "When I went to move my belongings into the apartment, the apartment was a disaster. There isn't a lease legally signed and I'm requesting my deposit [and] first months rent to be refunded immediately . . . I am no longer interested in pursuing the lease" (id. at 5A). In response to plaintiff's specific complaints about each problem with the apartment, defendant's agent sent a reply message (id. at 5B-5C). Plaintiff testified the response to her complaints and request for the return of her money was, in essence, that she was legally bound by the lease, that the problems were not substantial and could be repaired, and that she would suffer a monetary penalty if she got out of the lease early.