Rivera v Motta's Real Estate, Corp.

[*1] Rivera v Motta's Real Estate, Corp. 2010 NY Slip Op 50345(U) [26 Misc 3d 141(A)] Decided on March 8, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570824/09.

Lydia Rivera,

against

Motta's Real Estate, Corp., Jacquelin Motta, and Jose A. Del Rosario, Defendants-Appellants.

Defendants appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about August 11, 2009, after trial, in favor of plaintiff and awarding her damages in the principal sum of $3,046, and dismissing defendants' counterclaims.

Per Curiam.

Judgment (Fernando Tapia, J.), entered on or about August 11, 2009, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor and dismissing defendants' counterclaims (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's finding that plaintiff was entitled to a refund of her security deposit pursuant to the terms of the parties' written agreement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 08, 2010