rather than the dismissal of the complaint is the appropriate
remedy (see Garcia v New York City Dept. of Health & Mental
Hygiene, 31 NY3d 601, 621 n 4 [2018]; 200 Genesee St. Corp. v
City of Utica, 6 NY3d 761, 762 [2006]).
892 65 MISCELLANEOUS REPORTS, 3d SERIES
[110 NYS3d 905]
ANIKA ASQUITH, Plaintiff, v REDEVELOP ALBANY, LLC, Defend-
ant.
City Court of Albany, September 20, 2019
HEADNOTE
Landlord and Tenant — Security Deposits — Return of Security De-
posit
In a small claims action to recover plaintiff tenant’s security deposit and
first month’s rent from defendant landlord’s property management company
based upon the alleged poor condition of the apartment upon delivery,
plaintiff was entitled to the return of her security deposit but was not entitled
to the return of her first month’s rent payment. Pursuant to General Obliga-
tions Law § 7-108 (1-a) (e), defendant forfeited the right to retain any portion
of plaintiff ’s security deposit as it failed to provide plaintiff with a written
statement itemizing the reasons for retaining all or a portion of her security
deposit. Though defendant also violated Real Property Law § 223-a based on
the condition of the apartment when it was delivered to plaintiff, and plaintiff
rightly rescinded the lease when she demanded the return of her monies
from defendant’s agent, plaintiff ’s storage of her personal property in the
apartment for two months after the lease was rescinded exposed plaintiff to
liability for money damages in the amount of the first month’s rent payment.
RESEARCH REFERENCES
By the Publisher’s Editorial Staff
AM JUR 2d Landlord and Tenant §§ 105, 107, 573, 574.
DOLAN, RASCH’S NEW YORK LANDLORD AND TENANT IN-
CLUDING SUMMARY PROCEEDINGS (5th ed) §§ 13:2, 13:7.