Appellate Division of the Supreme Court of the State of New York October 27, 2011 (Petrolle v. Glavin)

McCarthy, J.

The parties entered into a residential lease agreement whereby plaintiff would rent an apartment from defendant. After plaintiff moved out of the apartment at the end of the lease term, he brought this small claims action seeking, among other things, the return of his security deposit. At the hearing, defendant raised a counterclaim for damages to the apartment.