Troni v Rubin

[*1] Troni v Rubin 2010 NY Slip Op 51284(U) [28 Misc 3d 131(A)] Decided on July 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 20, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570283/10.

Lorenzo Troni, Plaintiff-Appellant,

against

Anat Rubin, 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 (Arlene P. Bluth, J.), entered on or about December 29, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about December 29, 2009, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv denied 95 NY2d 898 [2000]), we sustain the dismissal after trial of this small claims action. The evidence, fairly interpreted, supports the court's fact-laden determination that plaintiff did not timely notify defendant of the alleged apartment access problems underlying plaintiff's claim or afford defendant an opportunity to rectify any such problems. The record discloses no evidentiary errors, and clearly none warranting reversal of the small claims judgment (see Ellis v Collegetown Plaza, LLC, 301 AD2d 758, 759 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 20, 2010