Fluellen v Peralta-Rosario

[*1] Fluellen v Peralta-Rosario 2013 NY Slip Op 50282(U) Decided on February 26, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 26, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
571056/12.

Bobby John Fluellen, Plaintiff-Appellant,

against

Maximo Peralta-Rosario, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), entered June 21, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Lizbeth Gonzalez, J.), entered June 21, 2012, affirmed, without costs.
The record and the ends of "substantial justice" (see CCA 1804, 1807) support the dismissal after trial of this small claims action, there being no showing that defendant-landlord improperly raised the rent charged plaintiff during his tenancy in the unregulated apartment premises. The record discloses no evidentiary or trial 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: February 26, 2013