Allen v Katzen

[*1] Allen v Katzen 2005 NY Slip Op 51809(U) [9 Misc 3d 138(A)] Decided on November 7, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 7, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.,
HON. WILLIAM DAVIS,
HON. MARTIN SCHOENFELD, , Justices.


Elliot Allen,NY County Clerk's No. 570369/04 Plaintiff-Appellant, Calendar No. 04-247

against

Mortimer Katzen, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered August 21, 2005 after trial, in favor of defendant and awarding him the amount of $3,000.

PER CURIAM

Judgment (Francis M. Alessandro J.) entered August 21, 2003 affirmed, without costs.

Plaintiff commenced this action seeking the return of a security deposit and recovery of other costs incurred as a result of his rental of defendant's cooperative apartment. Upon defendant's default, plaintiff obtained a judgment in the amount of $3,000, which was executed against defendant's bank account. The default judgment was thereafter vacated and a trial held on the merits of plaintiff's claim and defendant's counterclaim for unpaid rents, damage to property and attorney's fees.

We find that the judgment in defendant's favor is supported by the record and achieves substantial justice in accordance with the rules and principles of substantive law (CCA 1804, 1807).

This constitutes the decision and order of the court.
I concur [*2]
Decision Date: November 07, 2005