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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sikora v. Shurtluff (2020)

Citation
Sikora v. Shurtluff (2020)
Parent Document
Sikora v. Shurtluff (2020)
Jurisdiction
New York (state)
Effective Date
2020-01-30

Full Text

838 chars
It is undisputed that plaintiff had given defendant a $2,900 security deposit. It is also undisputed that, in a prior proceeding, defendant had been awarded a final judgment for $1,450, representing one month's rent. Although the fact that defendant had enforced the $1,450 final judgment is dehors the record, this fact is also undisputed, as both parties annexed the same bank statement showing that plaintiff's bank account had been levied upon, implicitly agreeing that the final judgment had been fully satisfied. Thus, in the oral decision, the District Court improperly deducted $1,450 from the award to plaintiff, because it was, in effect, awarding defendant that amount for a second time. As such, substantial justice (see UDCA 1804, 1807) requires that the amended judgment be modified to delete what appears to be that setoff.