Pappas v Doty

[*1] Pappas v Doty 2004 NY Slip Op 50275(U) Decided on April 9, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., PATTERSON and GOLIA, JJ.
NO. 2003-407 K C

ANNA M. PAPPAS, Appellant,

against

EDWARD DOTY, Respondent.

Appeal by plaintiff from a small claims judgment of the Civil Court,

Kings County (M. Solomon, J.), entered on December 27, 2001, in favor of
defendant dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff commenced this small claims action to recover monies
allegedly due as a result of defendant's breach of a rental agreement. Contrary to plaintiff's contention, the evidence adduced at trial, including plaintiff's own
admission, established that the action accrued in September 1991 when payment for rent became due. Since, more than 6 years elapsed before the action was commenced, the action is time-barred (CPLR 213). Furthermore, there was no evidence presented at trial demonstrating that defendant fraudulently induced
plaintiff or that he concealed any facts regarding payment of rent from plaintiff.
Thus, substantial justice was done between the parties in accordance with the rules
and principles of substantive law (CCA 1807). Further, we find that the court maintained a balanced and impartial demeanor during the trial and considered
relevant and competent evidence before rendering a verdict.
Decision Date: April 09, 2004