Legal Question in Civil Litigation in New York

Is this legal issue eligible to be taken to small claims court?

I had 2 roommates, Randi and Marcia. I moved out of my old apartment, as Randi would have her parents/relatives stay in our aptmt for 6 wks at a time. We agreed that I'd find a mutually acceptable tenant to sublet my room, and I would remain on the lease with the management company (landlord). Randi was most uncooperative. Marcia and I had to chase her down to sign documents. The day before the new tenant was to move in - Randi told her that the Landlord wouldn't allow it. I called the Landlord, who said that Randi was the one refusing to sign the papers. Marcia and I then spoke to Randi - first Randi told Marcia that she DID NOT want the new tenant on the lease, then she told me that she did want the new tenant on the lease. This is all the day before the new tenant was to move in. Randi's rationale was that she was planning to renew the lease, and wanted everyone who lived in the apartment to be on it. As this was not part of the original plan, I had to pay $350 for the lease assigment, and then another $500 in rent for the 2-week time lag in processing the paperwork. Randi's uncle was the guarantor, but Randi kept delaying giving the docs to him. Ultimately, Randi did not renew, just decieved us all. Can I sue for deception?


Asked on 7/09/04, 12:49 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is this legal issue eligible to be taken to small claims court?

You would sue for fraud or breach of contract or both. I would need to see the actual lease agreement and subleases to be able to tell you more for sure. However, this sounds like what is known legally as Fraud in the Inducement. I would sue the uncle as gurantor, as well as Randi, but remember, in small claims court you need all the documentary evidence Make sure you have the old and new leases, and the landlord available to testify if necessary. The court can subpoena him.

Most small claims courts have an arbitrator review cases prior to the judge; you will find out exactly what your problems are at that point.

It costs $20 or so to file the case, the court serves the papers, and you can't use a lawyer unless you are a corporation.

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Answered on 7/11/04, 8:06 pm


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