Legal Question in Civil Litigation in New York

Small Claims Judgment

I was sued by a landlord for $1375 for using the security deposit as my last months rent payment and $75 because I did not provide them with a receipt that the carpet was professionally cleaned.

When I got to court they were not awarded the security deposit but were awarded the $75. Which was o.k. But, when we were in front of the judge, the landlord said they had to do $65 worth of electrical work. This was not mentioned in the Notice of Claim and the judge did not even ask to see a receipt. They were awarded that $65. Is that legal to be charged for something that was not in the original complaint? If not, should I appeal?


Asked on 5/10/04, 11:43 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Small Claims Judgment

It doesn't sound right. But the cost of appeal would proablbly be more than the judgment. Also it's possible the claim had wording for all damages? Also if it was in small claims court, proceedings aren't necesarilly required to follow the rules of evidence. It's probably not worht appealing.

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Answered on 5/11/04, 8:23 am


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