Appellate Term, Second Department · June 4, 2026 · 2026 NY Slip Op 51289[U]
Hernandez v Lakeview Arms Apts.
Read the official decision: 2026 NY Slip Op 51289[U]
Holding The Appellate Term affirmed the dismissal of the small claims action, finding that substantial justice was done because the tenant admitted to causing damage beyond ordinary wear and tear. The court held that the property manager’s credible testimony regarding repair costs was sufficient to justify retaining the security deposit, even without itemized bills, given the small amount involved.
The court’s words
the Justice Court rationally credited the property manager's testimony that the "reasonable value" of the cost of these repairs exceeded the amount of the security deposit
2026 NY Slip Op 51289[U], at the official text
the submission of documentation to establish the exact cost of these repairs was unnecessary in light of the property manager's credible testimony and the amounts involved
2026 NY Slip Op 51289[U], at the official text
our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law"
2026 NY Slip Op 51289[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 4, 2026 |
| Citation | 2026 NY Slip Op 51289[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending June 6, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51289[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 219 |
Recommended citation
ESQ HQ, New York Law Watch, Hernandez v Lakeview Arms Apts., 2026 NY Slip Op 51289[U] (Appellate Term, Second Department, June 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51289-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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