[*1]
Davis v Arthur Gibbons Mgt.
2004 NY Slip Op 50104(U)
Decided on February 27, 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This opinion is uncorrected and will not be published in the Official Reports.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 February 27, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570202/03

GALE DAVIS, Plaintiff-Appellant,

against

ARTHUR GIBBONS MANAGEMENT, Defendant-Appellant.


Plaintiff appeals from a judgment of the Civil Court, New York County, entered September 13, 2002 after a nonjury trial (Eileen Nadelson, J.) in favor of the defendant dismissing the complaint.


PER CURIAM:

Judgment entered September 13, 2002 (Eileen Nadelson, J.) affirmed, without costs.

Even assuming that defendant landlord could be cast in damages for the value of plaintiff's furnishings which she failed to remove upon her voluntary vacatur from the apartment premises (but see, Garcete v Lazar, 294 AD2d 118), the action was properly dismissed as plaintiff failed to produce any evidence sufficient "to form a basis for an estimate of damages with some degree of exactness" (Henderson v Holley, 112 AD2d 190, 191).

This constitutes the decision and order of the court.