Rhodes v Calhoun (2005 NY Slip Op 51565(U))
[*1]
Rhodes v Calhoun
2005 NY Slip Op 51565(U) [9 Misc 3d 1115(A)]
Decided on September 29, 2005
District Court Of Nassau County, First District
Cooper, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2005
District Court of Nassau County, First District
Naquia Rhodes and MARCUS RHODES, Plaintiffs,
against
Bridget Scott Calhoun and VERSIA L. SCOTT, Defendants.
4375/05
Alfred D. Cooper, J.
DECISION AFTER TRIAL
The within District Court plenary civil action was commenced by Marcus and Naquia Rhodes former tenants (hereinafter the plaintiffs) against Versia L. Scott and Bridget Scott-Calhoun the landlords (hereinafter the defendants). The plaintiffs in this action seek the return of their security deposit.
The plaintiffs' initiated this action by an endorsed complaint, and did not specify the sum of the security deposit. The defendants did not file a written answer to this plenary action. However, the defendants did appear in the action initially pro se, then subsequently by counsel for an adjournment, and finally, they appeared pro se at the trial.
The defendants' defense, interposed orally, in this action by the plaintiff to recovery of their security deposit, was and has been "offset" for alleged damages to the premises, allegedly caused by the plaintiffs. The defendants acknowledged they used the security deposited by the plaintiffs to pay for the cost of alleged repairs to the premises.
The Court conducted a bench trial of the issues, and makes the following findings of fact and conclusions of law.
FINDINGS OF FACT AND CONCLUSION OF LAW[*2]