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2016 NY Slip Op 26397

Citation
2016 NY Slip Op 26397
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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The damage inflicted on the moulding by Hamilton's dog and the alteration of an electrical outlet are another matter. These damages exceed those attributable to ordinary wear and tear. Bosko has the burden to prove the amount of the damage. Uniform City Court Act § 1804 demands that "[a]n itemized bill or invoice, receipted or marked paid, or two [*3]itemized estimates for services or repairs, are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services and repairs." Bosko failed to produce sufficient proof reflecting the reasonable cost of repairs in the form of paid receipts or two itemized estimates (see e.g. Strenio v Grunstein, 48 Misc 3d 131[A], 2015 NY Slip Op 51047[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2014]). The court is left to speculate as to the amount of the damages—no award can be made based on speculation.

Therefore, it is ordered that defendant Bosko pay plaintiff Hamilton $750 which constitutes the full amount of the security deposit together with filing fees of $15.