Rubman v Osuchowski (2018 NY Slip Op 05416)
Rubman v Osuchowski
2018 NY Slip Op 05416 [163 AD3d 1471]
July 25, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 29, 2018
[*1]
David Rubman et al., Individually and on Behalf of All Others
Similarly Situated, Appellants,
v
William Osuchowski et al.,
Respondents.
The Law Offices of E. David Hoskins, LLC, Albany (E. David Hoskins of counsel), for
plaintiffs-appellants.
Barclay Damon LLP, Syracuse (David G. Burch, Jr., of counsel), for
defendants-respondents.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered
January 4, 2018. The order granted the motion of defendants to dismiss the amended complaint
and dismissed the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by
denying the motion in part and reinstating the amended complaint insofar as asserted by plaintiff
Jenya Rubman, individually, and on behalf of all others similarly situated, and as modified the
order is affirmed without costs.
Memorandum: Plaintiff Jenya Rubman (Jenya) entered into a 12-month residential lease
agreement with defendants, who own and manage more than 200 residential units in the City of
Syracuse. Pursuant to the lease agreement, Jenya was required to pay a security deposit that
would be returned by defendants within 30 days of the end of the lease term. After Jenya signed
the lease and paid the security deposit, Jenya's father, plaintiff David Rubman (David), executed
an addendum to the lease agreement in which he agreed to cosign the lease with Jenya. After the