Stern Family Ltd. Partnership v. A.T.I. Model Products, Inc.

In an action, inter alia, to recover unpaid rent, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered October 22, 2002, which, after a nonjury trial, and upon a finding that the plaintiff was entitled to keep a security deposit in the sum of $17,735, awarded the plaintiff the additional principal sum of $12,036.

Ordered that the judgment is reversed, on the facts, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a recalculation of damages consistent herewith and the entry of an appropriate amended judgment.

On…