inquired about his security deposit. Approximately two weeks after plaintiff supplied his new
address to defendants, they returned $777.50 to him, which sum included $665 of his security
deposit and $112.50 interest that had accrued on the security deposit. Defendants provided
plaintiff with a breakdown of the sum they had retained to cover cleaning and repair costs.
Plaintiff testified that his action sought the return of the balance of his security deposit, plus a
sum for electricity charges he had allegedly incurred due to a faulty well water system, as well as
[*2]punitive damages, to which he claimed entitlement pursuant
to General Obligations Law § 7-108 (1-a) (e), (g), as a result of defendants' delay in
returning his security deposit and their retention of a portion thereof.
Defendants justified their retention of $835 of the security deposit based on plaintiff's alleged
damage to the premises and a claimed verbal agreement that plaintiff would pay cleaning costs
after he moved out. Defendants introduced into evidence a series of text messages between
defendant Sean Kelly and plaintiff concerning, among other things, the need for plaintiff to keep
the well pump running to avoid damage to the pump, and defendants' paid bill for repairs that
were performed on the well, the pump, and the well adaptor. Defendant Renee Kelly asserted that
she had delayed returning plaintiff's security deposit because, among other things, she had not
known his new address.
Following the trial, the Justice Court, citing defendants' failure to comply with General
Obligations Law § 7-108 (1-a) (e), found that defendants had "forfeited their right to retain
any portion of plaintiff's security deposit," and awarded plaintiff $835, which represented the