Derevlany v Granada Arms Condominium

[*1] Derevlany v Granada Arms Condominium 2012 NY Slip Op 51651(U) Decided on August 24, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 24, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., NICOLAI and LaSALLE, JJ
2009-2385 W C.

Michael J. Derevlany, Appellant,

against

Granada Arms Condominium, Respondent.

Appeal from a judgment of the City Court of White Plains, Westchester County (Barbara A. Leak, J.), entered March 25, 2009. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover, among other things, $200 in fines and a $25 late charge imposed upon him by defendant. After a nonjury trial, the City Court dismissed the action, finding that the fines and late charge had been properly imposed as plaintiff had failed to comply with defendant's leasing policy in that he had not provided defendant with a renewal lease, along with a $300 renewal fee, 30 days prior to the expiration of his tenant's then-current lease.

Upon a review of the record, it is our view that the City Court correctly found that the fines and late charge totaling $225 had been properly assessed against plaintiff since he had failed to comply with defendant's "House Rules." In view of the foregoing, we conclude that substantial justice was done between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). Accordingly, the judgment is affirmed.

LaCava, J.P., Nicolai and LaSalle, JJ., concur. [*2]
Decision Date: August 24, 2012