Prando v Kelly (2021 NY Slip Op 51241(U))
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Prando v Kelly
2021 NY Slip Op 51241(U) [73 Misc 3d 144(A)]
Decided on December 16, 2021
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 December 16, 2021
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TERRY JANE RUDERMAN, P.J., ELIZABETH H. EMERSON, TIMOTHY
S. DRISCOLL, JJ
2020-989 D C
Gregory Prando, Appellant,
against
Sean Kelly and Renee Kelly, Respondents.
Gregory Prando, appellant pro se.
Sean Kelly and Renee Kelly, respondents pro se (no brief filed).
Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of
East Fishkill, Dutchess County (Brian M. Rudner, J.), entered September 11, 2020. The
judgment, after a nonjury trial, awarded plaintiff the principal sum of $835.
ORDERED that so much of the appeal as is from the Justice Court's finding that defendants
presented competent evidence that plaintiff was the cause of damage to their well pump is
dismissed; and it is further,
ORDERED that the judgment, insofar as reviewed, is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the principal sum of $2,425 from his
former landlords.
At a nonjury trial, the evidence showed that, in 2014, the parties had entered into a one-year
lease of residential premises and plaintiff had paid defendants $1,500 as a security deposit. After
the termination of the lease, plaintiff continued his tenancy until, having given defendants two
months' notice, he vacated the premises on February 29, 2020. On March 21, 2020, plaintiff