Bennett v Walden Park Apts./Lockport Assoc. (2018 NY Slip Op 28249)
Bennett v Walden Park Apts./Lockport Assoc.
2018 NY Slip Op 28249 [61 Misc 3d 256]
July 26, 2018
Tilney, Jr., J.
Justice Court of the Town of Lockport, Niagara County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 10, 2018
[*1]
Denise Bennett, Plaintiff,
v
Walden Park Apts./Lockport Associates, Defendant.
Justice Court of the Town of Lockport, Niagara County, July 26, 2018
APPEARANCES OF COUNSEL
Denise Bennett, plaintiff pro se.
Scott Stopa for defendant.
{**61 Misc 3d at 257} OPINION OF THE COURT
Leonard G. Tilney, Jr., J.
This small claims action arises out of a previous eviction proceeding between the parties (see case No. 18020276). In that case Walden Park Apts./Lockport Associates (landlord) sought to evict Denise Bennett (tenant) for failure to be recertified and thus a holdover cause of action was filed. That case was settled with tenant agreeing to leave the premises by March 10, 2018. Landlord waived any monetary judgment including any rent, costs, disbursements and attorney's fees due under the lease. In the present case tenant, who left on time and cleaned out the apartment, requests a refund of her $520 ($505 agreed figure) security deposit. Landlord counterclaims for back rent of $339.93 and attorney's fees of $500.