Butten v Maggio Realty LLC

[*1] Butten v Maggio Realty LLC 2014 NY Slip Op 51885(U) Decided on December 31, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 31, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570879/14

Zuleyka Butten, Plaintiff-Respondent

against

Maggio Realty LLC, Defendants-Respondents.

Defendant, as limited by its brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Joseph E. Capella, J.), entered on or about October 24, 2013, after trial, in favor of plaintiff and awarding her damages in the principal sum of $2,666 on the main action.

Per Curiam.

Judgment (Joseph E. Capella, J.), entered on or about October 24, 2013, affirmed, without costs.

The record and the ends of "substantial justice" support the judgment issued in plaintiff's favor upon the trial of this small claims action (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Based on plaintiff's credible and unrebutted testimony, the court was warranted in awarding her a refund of the security deposit and rent that she paid to defendant in anticipation of her taking possession of the apartment premises (see Latin Events, LLC v Doley, 120 AD3d 501 [2014]), an event whose occurrence was thwarted by defendant's own affirmative conduct in re-renting the apartment to a third party.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 31, 2014