Smith v Doublette

[*1] Smith v Doublette 2006 NY Slip Op 52269(U) [13 Misc 3d 141(A)] Decided on November 17, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-1469 K C.

Essie Smith, Respondent,

against

Angela Doublette and ROLAND DOUBLETTE, Appellants.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered March 8, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,462.50 and dismissed defendant Angela Doublette's counterclaim for damage to personal property.

Judgment affirmed without costs.

In this small claims action to recover $3,400 in unpaid rent, we conclude that the trial court's determination of liability rendered "substantial justice" according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d
584 [2000]). The trial court's findings are amply supported by the record and we find no basis to disturb them (see Williams v Roper, 269 AD2d 125 [2000]).

As for defendant Angela Doublette's counterclaim for personal property damage, the court below properly dismissed it. Defendant's belated attempt to substantiate the claim for the first time on appeal is outside the scope of our review.

Pesce, P.J., Weston Patterson and Belen, JJ., concur. [*2]
Decision Date: November 17, 2006