Lackre v Ssempaka

[*1] Lackre v Ssempaka 2013 NY Slip Op 50818(U) Decided on May 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570224/13.

Aboubakari Lackre, Plaintiff-Appellant, - -

against

Ian Kavuma Ssempaka, 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 (Debra R. Samuels, J.), entered August 9, 2012, after trial, in favor of defendant dismissing the action and awarding defendant damages in the principal sum of $1,200 on his counterclaim.

Per Curiam.

Judgment (Debra R. Samuels, J.), entered August 9, 2012, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's claim for a rent overcharge and awarding defendant judgment on his counterclaim for unpaid rent (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The court, as factfinder, was warranted in concluding that plaintiff did not pay more than his proportionate share of the legal regulated rent while he occupied the stabilized apartment as defendant-tenant's roommate (see Rent Stabilization Code [9 NYCRR] § 2525.7), and that at the time plaintiff was lawfully evicted from the premises he owed defendant three months of rent arrears.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2013