Tiller v. Shuboney

26 Misc. 3d 727
CourtCity of New York Municipal Court
DecidedDecember 3, 2009
StatusPublished

This text of 26 Misc. 3d 727 (Tiller v. Shuboney) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tiller v. Shuboney, 26 Misc. 3d 727 (N.Y. Super. Ct. 2009).

Opinion

OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

Plaintiffs Kirsten M. Tiller and Deborah L. Warner have sued defendants Heather Shuboney and Rita Shuboney to recover damages associated with Kirsten Tiller’s ouster from the apartment in Rochester, New York, that she shared with Heather Shuboney, her former roommate. Specifically, plaintiffs sue defendants for $2,622.80, plus disbursements.

An arbitrator’s decision in this action was issued on August 3, 2009. Following a party’s demand, a trial de novo was held on September 10, 2009. Plaintiffs Kirsten Tiller and Deborah Warner testified for plaintiffs. Defendants Heather Shuboney and Rita Shuboney testified for defendants.

To prevail in a civil action, a plaintiff must show, by a preponderance of the credible evidence, that he or she is entitled to a judgment in his or her favor against the other party. After reviewing the credible testimony and the relevant documents, the court makes the following findings of fact and conclusions of law.

Findings of Fact

In August 2008, plaintiff Kirsten Tiller and defendant Heather Shuboney, both college students at Monroe Community College (MCC) in Rochester, New York, agreed to rent an apartment at Crittenden Way Apartments in Rochester, New York, as roommates. On August 11, 2008, Heather Shuboney signed a 12-month, 21-day lease with the landlord, providing for a $725 security deposit and $725 monthly rent.1

Although Ms. Tiller did not sign the lease, the landlord was informed that Kirsten Tiller was living in Ms. Shuboney’s apartment. As Ms. Shuboney’s roommate, Ms. Tiller verbally agreed to pay half the costs associated with renting the apartment, including half the security deposit, half the monthly rent, and half the utilities. Ms. Tiller and Ms. Shuboney did not, however, [729]*729enter into any verbal or written agreement regarding their respective obligations if one of them wanted to move out of the apartment, or if Ms. Shuboney wanted Ms. Tiller to move out of the apartment, before the expiration of the lease on August 31, 2009.

Ms. Tiller’s mother, plaintiff Deborah Warner, regularly paid Ms. Shuboney for her daughter’s share of the monthly rent and apartment expenses. In the ensuing months, though, tensions developed between the two roommates. From Ms. Shuboney’s perspective, the final rift in their relationship occurred when, on February 10, 2009, Ms. Shuboney learned that Ms. Tiller had brought a kitten into the apartment the previous night without notifying Ms. Shuboney. After discovering the kitten, Ms. Shuboney confronted Ms. Tiller on campus. Later that evening, Ms. Shuboney texted Ms. Tiller that if the kitten wasn’t removed immediately she would have to vacate the apartment. In a reply text, Ms. Tiller wrote, “Hather realy im dealing with something right now . . . The cat aywere and im planning on moving out anyways [sic].” The next night, February 11, 2009, Ms. Tiller took the kitten to her mother’s house in Sherill, New York, where she went for winter break.

During the next several days, Ms. Tiller and Ms. Shuboney exchanged several text messages. In some of her texts to Ms. Tiller, Ms. Shuboney stated that she planned to change the apartment locks to prevent Ms. Tiller from entering.

On February 23, 2009, at the end of winter break, Ms. Tiller returned to the apartment with her mother, Deborah Warner. When Ms. Tiller and Ms. Warner arrived, the locks had been changed. Upon knocking, defendant Rita Shuboney, Heather Shuboney’s mother, answered the door and informed Ms. Tiller and Ms. Warner that she and her daughter had changed the locks, that Ms. Tiller was not permitted to live at the apartment, and that Ms. Tiller would have to remove her belongings. Rita Shuboney then permitted Ms. Tiller to enter the apartment where she found that all her belongings had been stuffed into garbage bags. On her bed, she found a letter from Heather Shuboney, dated February 10, 2009, stating that Ms. Shuboney was giving Ms. Tiller until February 28, 2009 to vacate the apartment and to remove all her possessions.

Confronted with this situation, Ms. Tiller and Ms. Warner called the police. When they arrived, however, the police informed Ms. Tiller and Ms. Warner that Rita Shuboney had previously called them and advised them that she was the ten[730]*730ant and that Ms. Tiller was not legally entitled to be in the apartment. The police therefore did not permit Ms. Tiller to enter the apartment without Rita Shuboney’s consent.

Because they were not prepared to move Ms. Tiller’s belongings out of the apartment, Ms. Tiller and Ms. Warner returned to Ms. Warner’s home, some 125 miles away. On February 27, 2009, Ms. Tiller sent Ms. Shuboney a letter stating that she would return to the apartment on or before March 30, 2009 to retrieve her possessions. On March 3, 2009, Ms. Shuboney wrote to Ms. Tiller, stating that if Ms. Tiller did not remove her belongings before March 8, 2009, they would be moved to the basement. On March 4, 2009, before she received Ms. Shuboney’s March 3rd letter, Ms. Tiller wrote a second letter to Ms. Shuboney stating that she would be arriving at the apartment on March 16, 2009 to pick up her possessions.

On March 16, 2009, Ms. Tiller and Ms. Warner arrived at the apartment to remove Ms. Tiller’s belongings. When they arrived, Heather Shuboney, her mother, her uncle, and a police officer were present. All of Ms. Tiller’s furniture and possessions were in the basement, including all her personal items and clothing that were in the garbage bags. When she examined her belongings, Ms. Tiller noticed that her dressers were scratched and that some of her clothing was ruined.

After she was ousted from her apartment, Ms. Tiller moved back home with her mother. Because of the distance between her mother’s home and Rochester, Ms. Tiller was unable to complete her spring 2009 semester at Monroe Community College.

As a result of defendants’ actions, plaintiffs seek $2,622.80 from defendants for the following damages:

(1) $ 362.50 half of the security deposit

(2) $ 103.66 prorated February 2009 rent

(3) $ 148.80 moving costs

(4) $ 6.80 prorated utilities for February 23-28, 2009

(5) $ 20.00 Ms. Tiller’s payment for half of the Internet router

(6) $ 20.00 Ms. Tiller’s payment for half of the deadbolt lock

(7) $ 150.00 estimated damage to furniture

(8) $ 200.00 estimated damage to clothing

(9) $ 481.04 lost payments to MCC

(10) $ 1,130.00 lost tuition to MCC

In turn, defendants deny financial responsibility. Additionally, they contend that even if they are liable for some damages, they [731]*731are not responsible for any lost college related expenses because Ms. Tiller could have moved to another apartment in Crittenden Way Apartments or to on-campus housing after she was locked out of her apartment. They also assert that Ms. Tiller owes them $48.21 for her portion of the January 2009 through March 2009 Rochester Gas & Electric bill, and $40.24 for her share of the January 2009 cable bill.

Legal Analysis

The key issue in this action is whether defendants Heather Shuboney and Rita Shuboney were legally entitled to dispossess plaintiff Kirsten Tiller from the Crittenden Way Apartments apartment without a court order.

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Cite This Page — Counsel Stack

Bluebook (online)
26 Misc. 3d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tiller-v-shuboney-nynyccityct-2009.