Sulimanov v 333 E. 46th St. Apt. Corp.

[*1] Sulimanov v 333 E. 46th St. Apt. Corp. 2010 NY Slip Op 50871(U) [27 Misc 3d 137(A)] Decided on May 17, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, JJ
.

Sam S. Sulimanov, Plaintiff-Appellant, 570017/10

against

333 East 46th St. Apartment Corp., Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about May 5, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered on or about May 5, 2009, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing the small claims action (see CCA 1804, 1807; see also Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's credibility-based finding that defendant's employees provided plaintiff, a resident of the cooperative complex operated by defendant, with the services to which he was entitled.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concu
Decision Date: May 17, 2010r