Eida v 135 Condominium

[*1] Eida v 135 Condominium 2014 NY Slip Op 51287(U) Decided on August 22, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 22, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan,JJ.
570313/14

Isaac Eida, Plaintiff-Appellant,

against

135 Condominium 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 (Lynn R. Kotler, J.), entered December 18, 2013, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Lynn R. Kotler, J.), entered December 18, 2013, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished substantial justice (see CCA 1804, 1807) in dismissing the small claims action after a full and fair hearing. The evidence, fairly interpreted, supports the court's fact-laden determinations that plaintiff failed to timely remedy the defective shower condition in his condominium apartment, that such defect was the source of the water penetration in the downstairs apartment, and that the condominium defendant was authorized pursuant to the governing by laws to effectuate the repair work at plaintiff's expense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: August 22, 2014