Park Haven, LLC v Womack

[*1] Park Haven, LLC v Womack 2020 NY Slip Op 50945(U) Decided on August 14, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 14, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
2019-158 Q C

Park Haven, LLC, Appellant,

against

Sandra Dee Womack, Respondent.

Curtis Harger, Esq., for appellant. Sandra Dee Womack, respondent pro se (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 14, 2017. The judgment, after an inquest, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the principal sum of $5,000 from defendant, its former tenant, for late fees, insufficient funds fees, legal fees, unpaid rent, and damage beyond normal wear and tear. After an inquest, the Civil Court dismissed the action, finding that the damages plaintiff proved were less than the $1,600 security deposit plaintiff was holding.[FN1]

In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). We find no basis in the record to disturb the judgment, which rendered substantial justice between the parties (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: August 14, 2020

Footnotes

Footnote 1: We note that as plaintiff does not challenge the propriety of the security deposit setoff on appeal, we do not reach that issue.