Brandon v Peckelis (2019 NY Slip Op 51535(U))
[*1]
Brandon v Peckelis
2019 NY Slip Op 51535(U) [65 Misc 3d 1207(A)]
Decided on September 23, 2019
District Court Of Nassau County, Third District
Carlton, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on September 23, 2019
District Court of Nassau County, Third District
Anne T. Cucchissi
Brandon, Plaintiff(s),
against
Alice M. Peckelis, WILLOWDALE PROPERTIES LLC AKA
DEJANA INDUSTRIES, WILLIAM WYNPEARL, DUNES 28 LLC,
Defendant(s).
SC-001337/19NH
Grace M. Cucchissi, Esq.
4 West Bay Boulevard
Amity Harbor, NY
11701
Robert Lee Aitken, Esq.
2-8 Haven Avenue Suite 222
Port
Washington, NY 11050
Gary M. Carlton, J.
Decision After Hearing
The Plaintiff has
brought this action for the return of her $3,200 security deposit that was given on July 8, 2013
with a lease application for a rental at 30A Sintsink Drive West, Port Washington from owner,
WILLOWDALE PROPERTIES LLC.
A lease agreement was never entered into due to an inability to agree upon certain terms in
the lease. Despite a demand, the security deposit was never returned to plaintiff.
FINDING OF FACTS
The rental application contained the following language:
TENANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED
THAT THE LANDLORD WILL TAKE THE SUBJECT PREMISES OFF THE
RENTAL RENTAL MARKET, TENANT AGREES THAT IN THE EVENT THAT HE/SHE
DECIDES NOT TO RENT THE PREMISES AND THE LANDLORD IS UNABLE TO
PROCURE A SUBSTITUTE RENTAL TO COMMENCE ON THE COMMENCEMENT
DATE, THAT IN SUCH EVENT, LANDLORD MAY RETAIN THE SECURITY DEPOSIT
AS LIQUIDATED DAMAGES.
The lease agreement listed the
owner as WILLOWDALE PROPERTIES LLC.