Mora v Maxilean Realty Corp.

[*1] Mora v Maxilean Realty Corp. 2010 NY Slip Op 50561(U) [27 Misc 3d 127(A)] Decided on April 7, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570723/09.

Sonia G. Mora, Plaintiff-Appellant,

against

Maxilean Realty Corp., White Plains Realty LLC, and Jose Juan Sanchez, Defendants-Respondents.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered on or about March 24, 2009, after trial, in favor of defendants dismissing the action.

Per Curiam.

Judgment (Barbara Jaffe, J.), entered on or about March 24, 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 defendants' favor dismissing this small claims action (see CCA 1804, 1807; see also Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's finding that, pursuant to the governing written agreement between the parties, plaintiff was not entitled to a refund of her security deposit. We note in this connection that plaintiff-appellant neither provided to this Court the agreement, which was entered into evidence at trial, nor challenged in her appellate brief the recitation of the relevant terms of the agreement as stated in the trial court's written decision.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 07, 2010