Posted by TenantNet on January 04, 1997 at 02:54:35:
In Reply to: APPEAL TO SMALL CLAIMS posted by Gabriel on January 03, 1997 at 23:06:35:
: Is the landlord entitled to the cleaning charge after 2 1/2 years ?
: If yes, isn't $325 exagerated ? Also, why did I have to pay the last week
: of November when I was not occupying the premises ? SHOULD I APPEAL ??
: Note: I am suing the landlord for the damage to my properety for negligence
: on his part for $6,500.
You don't say, but I assume you're in NY. Security Deposits are supposed to
cover damaged items, not ordinary wear and tear and certainly not "cleaning
charges". Your case, though, is anything but simple and maybe the judge
gave him a bit out of sympathy. There may (or may not)be case law as to
how the 30 day notice is to be measured (end of month vs. mid-month).
If your small claims case was heard by a judge, I think it's appealable;
if heard by a referee, you may be stuck. But I believe you would need
to appeal to Appellate Division or Appellate Term and that's not advisable
without legal advice or hiring an attorney, and that can be a costly proposition.
If you're sueing him separately for negligence, you cannot appeal the small
claims case in the same proceeding. It must be done separately. Look at it this
way: without knowing too many details, parts of the decision do not seem
fair and that's a comment on the quality of judges we have in NY. You might
wish to mention the judge's name so other tenants can avoid him/her :)
But look at the overall decision rather than seemingly unfair specifics.
Aside from your negligence suit, what would be your cost to pursue it
given that you can get on with your life? There are times to fight for
principal and you have to be that judge if this is the time.
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