Silver v I.S.T.A. Mgt. Co.

[*1] Silver v I.S.T.A. Mgt. Co. 2010 NY Slip Op 51121(U) [28 Misc 3d 126(A)] Decided on June 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570391/09.

Alexander Silver, Plaintiff-Respondent, - -

against

I.S.T.A. Management Co. Defendant -and- BLDG. Management Co., Defendants-Appellants.

Defendant BLDG Management Co. appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Matthew F. Cooper, J.), entered on or about January 29, 2008, after trial, in favor of plaintiff and awarding him damages in the principal sum of $4,052.

Per Curiam.

Judgment (Matthew F. Cooper, J.), entered on or about January 29, 2008, affirmed, without costs.

A judgment issued in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and since the record permits a finding that plaintiff-tenant vacated the apartment premises as a result of ongoing, legitimate safety concerns for himself and his pregnant wife and the delays attendant to defendant's investigation of the source of the "rancid" odor throughout the apartment, we find no basis to substitute our judgment for that of the trial court in casting defendant in damages on plaintiff's "breach of lease" claim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 29, 2010