2016 NY Slip Op 26397

Hamilton v Bosko (2016 NY Slip Op 26397)

Hamilton v Bosko

2016 NY Slip Op 26397 [54 Misc 3d 386]

December 1, 2016

Marcelle, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 25, 2017

[*1]

Amie Hamilton, Plaintiff,
v
David Bosko, Defendant.

City Court of Cohoes, December 1, 2016

APPEARANCES OF COUNSEL

Amie Hamilton, plaintiff pro se.

David Bosko, defendant pro se.

{**54 Misc 3d at 387} OPINION OF THE COURT
Thomas Marcelle, J.

This matter arises out of the court's small claims jurisdiction (UCCA 1802). A trial was held on November 7, 2016 in Cohoes City Court. The evidence established that plaintiff Amie Hamilton rented a room from defendant David Bosko. The lease started on November 12, 2012. At that time, Hamilton paid Bosko a security deposit of $750. Further, Hamilton testified that during the middle of the lease she changed apartments at Bosko's request and that the new apartment had not been cleaned prior to her moving in.

Hamilton faithfully made monthly rent payments of $750 until she quit the lease in October 2015. Hamilton sought the return of her security deposit which Bosko refused to remit. After an exchange of letters including letters from the parties' attorneys, no one budged and Hamilton commenced this action.