Elgendy v Helou

[*1] Elgendy v Helou 2007 NY Slip Op 50877(U) [15 Misc 3d 137(A)] Decided on April 26, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 26, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-595 K C.

Yaser M. Elgendy, Appellant,

against

John Helou, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered October 21, 2005. The judgment, insofar as appealed from, after a nonjury trial, found in favor of defendant and dismissed the action.

Judgment, insofar as appealed from, affirmed without costs.

Plaintiff instituted this small claims action to recover damages incurred as a result of his entering into a residential lease with a tenant procured by defendant, a licensed real estate broker. Plaintiff claimed that defendant, at plaintiff's request, obtained a credit report of the tenant but failed to disclose to plaintiff that it indicated that tenant had a poor credit rating. Plaintiff further alleged that had he been apprised
of the contents of the report, he would not have entered into a lease with tenant. Defendant testified that he in fact showed the credit report to plaintiff. Insofar as appealed from, the court awarded judgment in favor of defendant dismissing the action. Following review of the record and the issues raised on this appeal, it is our opinion that substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1807).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: April 26, 2007