Kirschner appeared and testified on behalf of defendant. He submitted two [*2]exhibits that were accepted into evidence, marked as Defendant's
Exhibits 1 and 2.
FINDINGS OF FACT
Recitation, as required by CPLR 4213 (b), of the findings of essential facts relied
upon by the court:
Claimant was the tenant of a rent-stabilized apartment, known as Apartment A in a building
located at 340 West End Avenue in Manhattan, which was owned by defendant 340 West End
Avenue, LLC, pursuant to a written lease which would expire on October 31, 2021 (see
Plaintiff's exhibit C, renewal lease). The building contains 6 or more dwelling units. Based on
Kirschner's testimony and the lease, Kay Equities was the management company (see id.).
Kirschner confirmed that defendant's true name was 340 West End Avenue LLC.
It is undisputed that claimant had tendered a security deposit to defendant, in the amount of
$1,327.93. Defendant held the security deposit in an interest bearing account with Chase Bank
(Defendants' Exhibits 1, 2). As indicated on the bank statements, defendant kept a portion of the
accrued interest, and the remaining portion was paid annually to claimant (id.). Although
claimant denied ever receiving any accrued interest from Chase Bank, the court credits
defendant's documentary evidence over claimant's testimony.
Claimant credibly testified that, in August 2020, she informed Kirschner by telephone that
she was moving out of the apartment. In an email dated October 31, 2020, Kirschner wrote, "All
rent must be paid for November and December. Security will be refunded within 30 days of you
vacating the premises and leaving it empty and broom swept condition" (see Plaintiff's
exhibit C, emails).