Rossi v. Scott
2017 NYSlipOp 50033(U)
| N.Y. App. Term. | Jan 5, 2017Background
- Landlord brought a holdover summary proceeding seeking possession plus $23,200 for rent arrears and use-and-occupancy (U&O) after tenants stayed 35 days past lease termination.
- Lease required rent payable from the 22nd of each month; tenants last paid on April 22, 2014 and lease ended June 30, 2014.
- Tenants vacated on August 4, 2014; landlord claimed U&O through August 31, 2014 per a lease amendment.
- Tenants counterclaimed for return of security deposit ($7,500), reimbursement for repairs they had paid for, and water overpayment ($100).
- At trial tenant Keith Scott appeared and conceded 35-day holdover; tenant Margaret Scott did not appear (default). Trial court awarded landlord $23,200 and awarded tenants $7,600 on two counterclaims, netting $15,600 for landlord. On appeal the court recalculated prorated rent and U&O, awarded tenants additional repair reimbursements, dismissed Margaret’s appeal, and entered a modified net judgment for landlord.
Issues
| Issue | Landlord's Argument | Tenants' Argument | Held |
|---|---|---|---|
| Proper amount of rent arrears (which months/full months) | Tenants owed full monthly rent for May and June 2014 ($5,600 each) | Rent is payable from the 22nd; last rent paid April 22, so only prorated amounts owed through lease end | Court held tenants owed $5,600 for May 22–Jun 21 and $1,680 (prorated) for Jun 22–30 — not two full months |
| Duration of U&O after lease termination | U&O per lease amendment should be assessed through Aug 31, 2014 | Tenants liable only for the period they actually remained in possession (through Aug 4, 2014) | Court held U&O only through actual vacatur: $6,000 for July and prorated U&O for Aug 1–4 ($774.19) |
| Tenants' reimbursement for repairs | Landlord disputed or did not fully rebut tenants' repair claims | Tenants sought reimbursement for landlord-responsible repairs they paid for (sprinkler, drainage, garage leak) | Court found documentary support and awarded tenants $483.71 for specified repairs |
| Effect of Margaret Scott's failure to appear on appealability | Landlord did not argue otherwise | Margaret in default; tenants are united in interest so relief not limited to only appellant | Court dismissed Margaret’s separate appeal for default but nevertheless granted relief affecting both tenants; appeal by Margaret dismissed; overall judgment modified as to both |
Key Cases Cited
- Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492 (NY 1983) (appellate review after nonjury trial and deference to trial court credibility determinations)
- Hamilton v. Blackwood, 85 A.D.3d 1116 (App. Div. 2011) (appellate scope of review for bench trials)
- Zeltser v. Sacerdote, 52 A.D.3d 824 (App. Div. 2008) (deference to trial court credibility findings)
Disposition: Modified the trial court judgment: landlord awarded $14,054.19 for arrears and U&O; tenants awarded $7,500 (security deposit), $100 (water), and $483.71 (repairs); net judgment in landlord’s favor $5,970.48. Margaret Scott’s appeal dismissed for failure to appear.