Case Type
Other
Housing Type
Market Rate
Court
Supreme Court, Appellate Term, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570179/26
Slip Opinion Number
2026 NY Slip Op 50528(U)
Petitioner
Catherine Levine
Respondent
Lili Xu-Kehrli
Judge
Brigantti, Tisch, Alpert
Decision/Order Date
2026-04-15
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed a Small Claims judgment granting the tenant a full return of her security deposit and limiting the landlord's counterclaim for property damage. The court found the landlord failed to provide an itemized statement detailing the basis for retaining the deposit within 14 days of the tenant's vacatur, as mandated by General Obligations Law § 7-108 [1-a][e] for unregulated tenancies. The decision emphasized that substantial justice was accomplished, relying heavily on the trial court's assessment of witness credibility regarding the property damage claims.
Keywords
Small Claims; Substantial Justice; Security Deposit to be Returned; Unregulated Tenancies; Security Deposit Must be Returned Within 14 Days of Vacatur
Recommended Citation
"Levine v. Xu-Kehrli" (2026). All Decisions. 2181.
https://ir.lawnet.fordham.edu/housing_court_all/2181
