In Powers v. Smith, 47 Misc 3d 134[A], 2015 NY Slip Op 50483[U] [App. Term 2nd Dept. 2015] the Appellate Term, applying 1801 to determine jurisdiction in a small claims matter, reversed an order of the Small Claims Part directing that the defendant return a security deposit to the plaintiff. The Appellate Term reasoned that the defendant established that he did not live in or have an office for the transaction of business or a regular employment in the City and advised the plaintiff to bring a new action in Civil Court pursuant to 404.