[*1]
Grossman v Wood
2005 NY Slip Op 50318(U)
Decided on March 10, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 10, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570466/04

Marvin Grossman, Plaintiff-Respondent,

against

Gael Wood, s/h/a Gaele Woods, Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about April 28, 2004 after trial (Anil C. Singh, J.) in favor of plaintiff, and awarding him damages in the principal sum of $1,850.


PER CURIAM:

Judgment entered on or about April 28, 2004 (Anil C. Singh, J.) affirmed, without costs.

The trial court applied the appropriate rules of substantive law and accomplished substantial justice (CCA 1804, 1807) in concluding that the parties entered into a "binding" sublease agreement and that the defendant's purported "confusion" over what she described as the "intrusive" sublease application process provided no legal basis to excuse her demonstrated breach of that agreement. In the absence of a cross appeal by plaintiff, we do not address the propriety of the damage award issued below.

This constitutes the decision and order of the Court.
Decision Date: March 10, 2005