Kopelman v. Schwag

Plaintiff appeals from the denial of a motion to modify a judgment of the small claims court in favor of defendant, his former landlord. Plaintiff brought suit to recover for an overpayment of rent. He contends that the court’s findings were clearly erroneous in failing to find the payment of one month’s rent by plaintiff and defendant’s offer to rebate three-fourths of a month’s rent. We agree that the findings are inadequate and reverse.

In September, 1981, plaintiff entered into an oral agreement to lease a room from defendant for a monthly rental of $100. The court found that, when…