Pickering v. Chappe

OPINION OF THE COURT

Memorandum.

Ordered that the judgment, insofar as appealed from, is reversed, without costs, and plaintiffs cause of action is dismissed.

In this small claims action, plaintiff seeks to recover, among other things, an $850 security deposit that she gave defendants, her former landlords. Defendants counterclaimed for, among other things, unpaid rent for January, February and March 2007. The evidence at trial showed that the parties had entered into an agreement pursuant to which defendants had agreed to forgo January and February 2007 rent and to refund the security deposit…