Panagiotopoulos v Ricardelli

[*1] Panagiotopoulos v Ricardelli 2004 NY Slip Op 51288(U) Decided on October 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 28, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2003-1668 OR C

GUS PANAGIOTOPOULOS and THEODORA K. PANAGIOTOPOULOS , Respondents,

against

LISA ANN RICARDELLI d/b/a SPIRIT-QUEST HEALING CENTER, Appellant.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Wawayanda, Orange County (P. Gromacki, J.), entered September 4, 2003, awarding plaintiffs the sum of $3,000 and dismissing the counterclaim.

Judgment unanimously affirmed without costs.

Under the circumstances presented in this small claims action, and particularly in view of defendant's having remained in possession for five months after the expiration of the lease and having paid rent as set forth in the renewal provision thereof, the
Justice Court could properly find that there existed an agreement to renew the lease for one year and that the requirement of written notice was waived (Probst v Rochester Steam Laundry, 171 NY 584 [1902]; United Mutual Life Ins. Co. v ICBC Corp., 64 AD2d 506 [1978]; cf. 28 Mott St. Co. v Summit Import Corp., 34 AD2d 144 [1970], affd 28 NY2d 508 [1971]). Accordingly, it is our view that substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807). [*2]
Decision Date: October 28, 2004