Ogando v 807 Realty Co., LLC

[*1] Ogando v 807 Realty Co., LLC 2010 NY Slip Op 52038(U) [29 Misc 3d 138(A)] Decided on November 26, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570727/10.

Nievelina Ogando, Plaintiff-Appellant,

against

807 Realty Co., LLC,

NOVEMBER 26, 2010 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT Nove mber 2010 Term Shulman, J.P., McKeon, Schoenfeld, JJ. NY County Clerk's No. 570727/10 Calendar No. 10-371 Nievelina Ogando, Plaintiff-Appellant, -against- 807 Realty Co., LLC, 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 February 23, 2009, after trial, in favor of defendant dismissing the action. Per Curiam. Judgment (Tanya R. Kennedy, J.), entered on or about February 23, 2009, affirmed, without costs. The record and ends of substantial justice (see CCA 1804, 1807) support the judgment in favor of defendant dismissing the claims after trial of this small claims action, since plaintiff failed to present competent evidence to support her claim that defendant was responsible for the bedbug condition in her apartment. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: November 26, 2010 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 February 23, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered on or about February 23, 2009, affirmed, without costs.

The record and ends of substantial justice (see CCA 1804, 1807) support the judgment in favor of defendant dismissing the claims after trial of this small claims action, since plaintiff failed to present competent evidence to support her claim that defendant was responsible for the bedbug condition in her apartment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 26, 2010