OPINION OF THE COURT
Per Curiam.
Order entered March 7, 2000 reversed, with $10 costs, tenant’s motion for the return of his security deposit is granted, and the matter is remanded for an assessment of the reasonable attorneys’ fees incurred by tenant.
Appeal from order entered December 23, 1999 dismissed, without costs, as moot.
By a comprehensive stipulation “so-ordered” by the court on March 10, 1999, as modified on March 25, the commercial tenant consented to a possessory judgment and agreed to vacate the premises by June 30, 1999, time being of the essence. Landlord agreed to return tenant’s security deposit “after he vacates the premises,” which were to be left in “as is” and “broom clean” condition. The parties further agreed, at paragraph 18 of the stipulation, to “waive and release any and all claims each has against the other relating to the respondent’s occupancy of the subject premises from the beginning of time to the date of this stipulation except for the obligations set forth herein.”
It is undisputed that tenant timely vacated. However, landlord refused to return the security deposit based upon the existence of certain miscellaneous construction violations placed against the premises which, it alleged, would cause it to incur fines and renovation costs. After a hearing, Civil Court denied tenant’s application for return of the deposit, finding that landlord’s damages substantially exceeded the amount of the deposit.