Respondent's third counterclaim for moving and storage charges incurred by the respondent to prevent damage to the respondent's belongings in the amount of $871.72 as well as his forth counterclaim for the return of his security deposit in the amount of $3,700.00 is also granted based upon all this court's findings that, taken together, the condition of the premises gave rise to, at the very least, a partial actual eviction.
This constitutes the decision and order of this Court.
So ordered.
__________________________
DISTRICT COURT JUDGE
DATED:October 20, 2004
[*6]
cc:Bruce H. Lederman, Esq.(Attorney for Plaintiff)
Jeanne S. Schieck, Esq. (Attorney for Defendant)
DAG: rad
Footnotes
Footnote 1:Moreover, Petitioner did not offer any testimony during trial that he had made a even the personal three day demand of the respondent for the alleged rent arrears that he alleged in paragraph "6" of his petition.