Williams v 526 Flatbush Realty, LLC

[*1] Williams v 526 Flatbush Realty, LLC 2010 NY Slip Op 50152(U) [26 Misc 3d 135(A)] Decided on January 29, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 29, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-2269 K C.

Myron L. Williams, Appellant,

against

526 Flatbush Realty, LLC, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ellen M. Spodek, J.), entered December 27, 2007. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff seeks to recover damages from defendant, his landlord, alleging that property was stolen from his apartment due to defendant's negligence. After a nonjury trial, the Civil Court, finding that plaintiff's proof fell far short of establishing defendant's liability, dismissed the action. As there is support in the record for the Civil Court's determination, we conclude that substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807).

We note that there are matters contained in plaintiff's brief which are dehors the record on appeal and cannot be considered by this court since this court is limited to reviewing matters contained in the settled record (see Ross v Nwachukwu, 24 Misc 3d 142[A], 2009 NY Slip Op 51730[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). We further note that plaintiff's contention that the transcript had to be amended is without merit. The transcript was settled, and the trial judge indicated that plaintiff's proposed amendments consisted of new evidence that was not introduced at trial.

Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: January 29, 2010