Tahar v Frank

[*1] Tahar v Frank 2015 NY Slip Op 51729(U) Decided on November 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 30, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., JJ.
570762/15

Sandra A. Tahar, Plaintiff-Appellant,

against

Darin Frank, 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 October 23, 2014, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered on or about October 23, 2014, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Plaintiff's express agreement to accept the cooperative apartment premises "as is" except for reasonable wear and tear, and to rely on her own inspection of the apartment, precludes her claim that defendant failed to deliver the apartment as promised (see Kasten v Golden, 50 AD3d 1098, 1099 [2008]). Plaintiff's remaining contentions are without merit, or involve matters dehors the record, not reviewable for the first time on appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: November 30, 2015