[*1]
American Apts. v Leimbacher
2004 NY Slip Op 51692(U)
Decided on December 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 27, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570021/04

AMERICAN APARTMENTS, Plaintiff-Respondent,

against

GENIFER LEIMBACHER, Defendant-Appellant.


Defendant appeals from so much of a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about August 19, 2003 after trial (Saliann Scarpulla, J.) as dismissed her counterclaim for attorney's fees.


PER CURIAM:

Judgment entered on or about August 19, 2003 (Saliann Scarpulla, J.), insofar as appealed from, affirmed, without costs.

In the context of this small claims action, where the record shows that the lease surrender agreement in dispute was executed as an accommodation to defendant-tenant in order to resolve her roommate-related complaints, the dismissal after trial of defendant's counterclaim for attorney's fees was not clearly erroneous (see Jacreg Realty Corp. v Barnes, 284 AD2d 280 [2001]) or "so shocking as to not be substantial justice" (Stein v Desrocher, 8 AD3d 915 [2004], quoting Blair v Five Points Shopping Plaza, 51 AD2d 167, 169 [1976]).

This constitutes the decision and order of this Court.
Decision Date: December 27, 2004