Brothers Mini Stor. v Gordon

[*1] Brothers Mini Stor. v Gordon 2004 NY Slip Op 50109(U) Decided on January 29, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the Official Reports.

Decided on January 29, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:ARONIN, J.P., PATTERSON and RIOS, JJ.
NO. 2003-109 K C

BROTHERS MINI STORAGE, INC., Respondent,

against

MATTHEW GORDON, Appellant.

Appeal by defendant from a commercial claims judgment of the Civil Court, Kings County, (J. Sullivan, J.), entered on July 18, 2002, which awarded plaintiff the sum of $1,024.28.

Judgment unanimously affirmed without costs.

In this action seeking to recover storage costs, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804-A, 1807-A; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

Upon review of the record, we find that the court below properly held that the parties did not agree to orally modify the written storage lease agreement between them. The record reveals that plaintiff did not accept defendant's offer to modify their agreement (see generally Matter of Express Indus. & Term. Corp. v New York State Dept. Of Transp., 93 NY2d 584 [1999]; Platt v Portnoy, 220 AD2d 652 [1995]).
Decision Date: January 29, 2004