[*1]
Goldstein v Rosedale Mgt.
2004 NY Slip Op 50043(U)
Decided on January 29, 2004
Appellate Term, First 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This opinion is uncorrected and will not be published in the Official Reports.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
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570412/03

SHERMAN GOLDSTEIN, Plaintiff-Appellant,

against

ROSEDALE MANAGEMENT, INC., Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County, entered February 6, 2003 after a nonjury trial (Jose A. Padilla, Jr., J.) in favor of defendant dismissing the complaint at the close of plaintiff's case pursuant to CPLR 4401.


PER CURIAM:

Judgment entered February 6, 2003 (Jose A. Padilla, Jr., J.) affirmed, with $25 costs.

The trial court properly dismissed the complaint at the close of plaintiff's case. Viewing the evidence in the light most favorable to plaintiff, there was no rational process by which the trier of facts could have found in his favor (see, Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). Plaintiff failed to make out a prima facie case as to defendant's liability for the purported nondelivery of a packet of documents mailed by plaintiff to a resident in defendant's building. Nor did plaintiff establish any actual damages.

This constitutes the decision and order of the court.