Lin v 19 Eldridge St. Realty Corp.

[*1] Lin v 19 Eldridge St. Realty Corp. 2013 NY Slip Op 50383(U) Decided on March 20, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
571037/12.

Erick C. Lin, Plaintiff-Appellant,

against

19 Eldridge Street Realty Corp., Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), entered July 12, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Margaret A. Chan, J.), entered July 12, 2012, affirmed, without costs.

Dismissal of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807) see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). In the absence of privity (see Tamco Enters. v Mitsubishi Elec. Am., 190 AD2d 623 [1993], lv denied 82 NY2d 659 [1993]), no legal basis was shown to impose liability upon the defendant building owner for any lost income or other damages allegedly sustained by plaintiff, at most a remote subtenant, following the closure of the premises as a result of illegal activity not attributable to defendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2013