Williams v Daka Holding, LLC

[*1] Williams v Daka Holding, LLC 2013 NY Slip Op 50789(U) Decided on May 16, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570173/13.

Doris Williams, Plaintiff-Appellant, - -

against

Daka Holding, LLC, Defendants-Appellants.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered on or about September 12, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Raul Cruz, J.), entered on or about September 12, 2012, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and since the trial evidence permits a finding that plaintiff-tenant abandoned the apartment and "disappeared" following her lengthy hospitalization, we find no basis to substitute our judgment for that of the trial court in dismissing plaintiff's property damage claim after a full hearing. We note plaintiff's failure to adduce competent evidence in support of her claim that the alleged property damage was caused by a "steam leak" or to advance a cogent, consistent theory of damages.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 16, 2013