1785 Bldg. Mgt., LLC v Mercado

[*1] 1785 Bldg. Mgt., LLC v Mercado 2015 NY Slip Op 50925(U) Decided on June 19, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
15-201

1785 Building Management, LLC, d/b/a Rhina Mercado, Plaintiff-Appellant,

against

Sandy M. Mercado, Defendant-Respondent.

Plaintiff, as limited by her brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered on or about June 24, 2013, after trial, as limited her recovery of damages to the principal sum of $2,000.

Per Curiam.

Judgment (Andrea Masley, J.), entered on or about June 24, 2013, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807). The court properly limited plaintiff's recovery to the $2,000 that defendant withdrew from the limited liability bank account to pay her personal tax liability. The Court also properly rejected the remaining portion of plaintiff's claim, since she failed to produce competent evidence establishing that defendant lacked authority to make expenditures on behalf of the limited liability company.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 19, 2015