refused to consent to any assignment of the lease on July 9,
2014, the statutory remedy provides plaintiff Bean is released
from all further liability under the lease. (Real Property Law
§ 226-b [1].) Although not a party to this action, as the lease
holds Bean and Green jointly and severally liable, it should be
noted that Ms. Green likewise has no further liability under
the lease pursuant to Real Property Law § 226-b (1).
BEAN v MORGAN GUN HILL, LLC [51 Misc 3d 386] 391
Plaintiff seeks return of her $840 security deposit as well as
an additional $1,000 in travel expenses related to this litiga-
tion. This court cannot award any party travel expenses
incurred as a result of small claims litigation, and, therefore,
plaintiff’s demand for those expenses is denied. (UCCA arts 18,
19.) Now, with respect to plaintiff’s $840 security deposit, de-
fendant offered no lawful reason for refusing to return said
amount. In fact, plaintiff even tendered rent for the month of
July 2014. Therefore, plaintiff, after tendering July’s rent, was
within her statutory right to request that she be released from
further liability once defendant, without cause, refused her
right to assign the lease. Defendant did not offer any evidence
that apartment 5C was damaged in any way. This court finds
that defendant through its agent, Sarah Tytler, willfully and
without good cause refused to refund plaintiff’s $840 security
deposit. Plaintiff is entitled to return of her $840 security
deposit and such judgment is awarded. The only justification
offered by Ms. Tytler was the legally void prohibition against
assignment contained in the lease.
[2] Ithaca City Code § 258-7 provides:
‘‘In the event that the landlord willfully and
without good cause fails to return all or a portion of