Cisse v Progressive Mgmt of NY Corp.

[*1] Cisse v Progressive Mgmt of NY Corp. 2009 NY Slip Op 52279(U) [25 Misc 3d 137(A)] Decided on November 5, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 5, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., LaCAVA and IANNACCI, JJ
2009-132 N C.

Cheick A. Cisse, Appellant,

against

Progressive Mgmt of NY Corp., Respondent.

Appeal from a judgment of the District Court of Nassau County, Fourth District (Fred J. Hirsh, J.), entered April 2, 2008. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff seeks to recover the value of items stolen from his apartment allegedly due to the failure of defendant, the managing agent of the building, to repair a window in his apartment. After a nonjury trial, the District Court dismissed the action. The instant appeal by plaintiff ensued.

Assuming that the subject window needed repair and the defective condition was a cause of the alleged burglary, the evidence nevertheless failed to establish that defendant had the requisite control of the building so as to subject defendant to liability (see 2A NY Jur 2d, Agency and Independent Contractors § 346). Consequently, in dismissing the action, the District Court rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1804, 1807). Accordingly, the judgment is affirmed.

Molia, J.P., LaCava and Iannacci, JJ., concur.
Decision Date: November 05, 2009