Opinion
No. 570079/24
05-28-2024
Daniel J. Polgardy, Plaintiff-Respondent, v. 440 NYC, LLC, Anthony Ventura and Rosa Mangiafredda, Defendants-Appellants.
Unpublished Opinion
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM.
Defendants appeal from two judgments of the Small Claims Part of the Civil Court of the City of New York, New York County (Aija Tingling, J.), each entered on or about August 15, 2023, after trial, (1) in favor of plaintiff and awarding him damages in the principal sum of $2,177.56, plus interest from April 20, 2005 in the main action, and (2) in favor of defendants, and limiting their recovery on the counterclaim to the principal sum of $1,395.
Judgments (Aija Tingling, J.), each entered on or about August 15, 2023, modified to vacate both judgments and to direct the clerk to enter judgment in favor of plaintiff in the principal sum of $782.56, with interest from October 31, 2021.
Civil Court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" (CCA 1804, 1807), in finding that plaintiff was entitled to a return of his security deposit of $2,177.56, and that defendants, plaintiff's former landlords, were entitled to recover $1,395.00 for property damage caused by plaintiff "above normal wear and tear" (see Williams v Roper, 269 A.D.2d 125 [2000], lv dismissed 95 N.Y.2d 898 [2000]).
However, the Court should not have awarded plaintiff interest from the date the security deposit was tendered. Interest should be awarded from the date the lease expired, October 31, 2021, the "earliest ascertainable date the cause of action existed" (CPLR 5001[b]; see 56 Bogart St., LLC v Vandyke, 60 Misc.3d 135 [A], 2018 NY Slip Op 51063[U] [App Term, 2nd Dept, 2d, 11th & 13th Jud Dists 2018]). Furthermore, the amount awarded on the counterclaim should be deducted from the amount awarded to plaintiff on the main claim, resulting in a net judgment in the plaintiff's favor in the principal sum of $782.56. We have modified accordingly.
I concur