Opinion
2004-729 S C.
Decided July 21, 2005.
Appeal by plaintiff, as limited by his brief, from so much of a small claims judgment of the Justice Court, Town of Southold, Suffolk County (R. Bruer, J.), entered November 17, 2003, as denied recovery of his security deposit.
Judgment insofar as appealed from unanimously affirmed without costs.
Before: PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
In this small claims action, plaintiff, the commercial tenant of defendant, sought, inter alia, the return of his security deposit. "It is well established that an action for the return of security is premature where the term has not yet expired" ( Grays v. Brooks, 148 Misc 2d 646, 648; Cox v. Dorlon Assoc., 113 Misc 2d 670). As the tenancy had not terminated, plaintiff's action was premature.