Appeal by plaintiff from a small claims judgment of the Civil Court, Kings County (A. Fisher Rubin, J.), entered January 21, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff tenant commenced this small claims action to recover $625 from defendant landlord for defendant's alleged confiscation of a satellite dish, which plaintiff had installed on the roof of his building. Plaintiff also sought reimbursement for repairs made to his apartment.

Based on our review of the reconstructed record, we find that substantial
justice was done between the parties according to the rules and principles of substantive law (see CCA 1807). Plaintiff claimed that he did not challenge defendant's right to remove the dish, the installation of which was contrary to the provisions of his lease, but rather sought damages for defendant's confiscation of the dish, which required him to purchase a new one. Defendant responded that after its removal, the dish was placed in the basement of the building and plaintiff could obtain its return by asking any member of defendant's staff to return the dish to him. In the absence of any evidence of a demand by plaintiff or of defendant's subsequent refusal to turn over the dish, plaintiff failed to prove a conversion. Nor did plaintiff establish a cause of action for trespass to chattel.

We have reviewed plaintiff's remaining contentions, and find them to be without merit.
Decision Date: April 27, 2004