Urban v Zipper (2025 NY Slip Op 05179)
Urban v Zipper
2025 NY Slip Op 05179 [241 AD3d 1186]
September 25, 2025
Appellate Division, First Department
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 5, 2025
[*1]
Ryan Urban, Appellant,
v
Bradley Zipper,
Respondent.
Outerbridge Law P.C., New York (Altagracia B. Pierre-Outerbridge of counsel), for
appellant.
Pryor Cashman LLP, New York (Brian S. Hoffman of counsel), for respondent.
HEADNOTES
Landlord and Tenant
- Security Deposits
- Requirement to Provide Itemized Statement within 14 Days
- Date Tenant Vacated Disputed
Order, Supreme Court, New York County (Mary V. Rosado, J.), entered April 7,
2023, which, to the extent appealed from as limited by the briefs, denied as premature
plaintiff tenant's motion for summary judgment on his causes of action seeking a full
return of his security deposit from defendant landlord and attorneys' fees, unanimously
affirmed, without costs.
The court properly denied plaintiff's motion for summary judgment as premature.
General Obligations Law § 7-108 (1-a) (e) provides that a landlord forfeits
its right to retain any portion of a security deposit if it does not, within 14 days after the
tenant has vacated the premises, provide an itemized statement detailing the basis for
retention of that portion (see 14
E. 4th St. Unit 509 LLC v Toporek, 203 AD3d 17, 26 [1st Dept 2022], lv
dismissed 38 NY3d 1019 [2022]). Plaintiff moved for summary judgment on his first
cause of action, seeking a full return of his security deposit, on the ground that defendant
failed to timely provide a return of the security deposit or a statement accounting for the