Palmer v 74A 4th Ave., LLC

[*1] Palmer v 74A 4th Ave., LLC 2015 NY Slip Op 50604(U) Decided on April 16, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., SOLOMON and ELLIOT, JJ.
2012-2394 K C

Lindsey J. Palmer, Respondent,

against

74A 4th Avenue, LLC and ROBERT HERNANDEZ Doing Business as 74A 4TH AVENUE, LLC, Appellants.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 3, 2012. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded plaintiff the principal sum of $4,000.

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

In a small claims action, plaintiff seeks to recover the principal sum of $5,000 for breach of a lease agreement. At a nonjury trial, plaintiff established that after she had entered into a lease to rent premises from defendants, they had mutually agreed to terminate the lease. Plaintiff seeks to recover the amount she paid for the first and last months' rent, as well as the security deposit, plus the cost of repairs she incurred. Plaintiff established that she was entitled to recover $2,400 for the last month's rent and $1,780.66, representing the rent she had paid for the 23 days of the first month after the lease had been terminated, for a total of $4,189.66. Following the trial, the Civil Court awarded plaintiff the principal sum of $4,000.

As the evidence supports an award greater than the amount awarded to plaintiff by the Civil Court, we find that, on this appeal by defendants, substantial justice (CCA 1807) does not require that the judgment, insofar as appealed from, be disturbed. We note that plaintiff has not cross-appealed on the ground of inadequacy.

Accordingly, the judgment, insofar as appealed from, is affirmed.

Aliotta, J.P., Solomon and Elliot, JJ., concur.
Decision Date: April 16, 2015