Filopoulos v Vales

[*1] Filopoulos v Vales 2015 NY Slip Op 50608(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 This opinion is uncorrected and will not be published in the printed Official Reports.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.
2013-1821 Q C

Konstantino Filopoulos, Appellant,

against

Leon Vales, Respondent.

Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered December 27, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover from his former month-to-month tenant rent and/or use and occupancy owed from March through November 2009, plus reasonable attorney's fees in the sum of $2,000. At a nonjury trial, defendant established that the monthly rent was $2,500; that, prior to March 1, 2009, defendant had informed plaintiff of his intent to quit the premises; that the parties agreed that plaintiff would apply defendant's security deposit to pay the rent for January and February 2009; and that defendant had vacated the premises no later than April 1, 2009. The Civil Court found defendant credible and awarded plaintiff the principal sum of $5,000.

On appeal, plaintiff argues that the Civil Court should have awarded him rent from May through November 2009 and reasonable attorney's fees in the sum of $2,000.

Contrary to plaintiff's contention that he is entitled to recover rent and/or use and occupancy from May through November 2009, the evidence adduced at trial established that tenant had vacated the premises no later than April 1, 2009. Thus, tenant owed plaintiff rent for March and April, totaling $5,000, which the Civil Court awarded to plaintiff. Furthermore, in our view, under the circumstances presented, plaintiff is not entitled to recover attorney's fees.

Accordingly, the judgment is affirmed.

Aliotta, J.P., Solomon and Elliot, JJ., concur.

Decision Date: April 16, 2015