Rodriguez v Calberto (2007 NY Slip Op 50370(U))
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Rodriguez v Calberto
2007 NY Slip Op 50370(U) [14 Misc 3d 142(A)]
Decided on February 27, 2007
Appellate Term, Second Department
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2005-1677 K C.
Francisca Rodriguez, Appellant,
against
Miller Calberto, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ann E. O'Shea, J.), dated December 2, 2004. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action, plaintiff sought to recover a deposit paid defendant to secure an apartment pending plaintiff's application to the New York City Housing Authority (NYCHA) for a subsidy pursuant to the Section 8 program. The parties executed a lease and landlord agreed to return the deposit, which represented a month's rent and the equivalent amount as a security deposit, if NYCHA awarded a
subsidy. Although defendant ultimately performed the repairs and improvements required by NYCHA inspectors for Section 8 approval, a month after the parties' agreement, plaintiff cancelled the agreement and demanded the entire deposit's return. Defendant returned the security portion and retained the rent portion, and this action ensued.