Martinez v Olanrewaju

[*1] Martinez v Olanrewaju 2009 NY Slip Op 50139(U) [22 Misc 3d 131(A)] Decided on January 29, 2009 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570346/08.

Gloria Martinez, Plaintiff-Appellant,

against

Nelson Olanrewaju,

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 18, 2007, after trial, in favor of defendant dismissing the action.

Per Curiam.
Judgment (Ben R. Barbato, J.), entered on or about
September 18, 2007, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1804, 1807) support the post-trial dismissal of this small claims action. The evidence, fairly interpreted, supports a finding that the defendant-landlord properly applied plaintiff's security deposit to the unpaid rent that accrued prior to plaintiff's eviction from the premises.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 29, 2009