Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about October 1, 2004 after trial (Anil C. Singh, J.) which awarded plaintiff damages in the principal sum of $3,937 in the main action and dismissed defendant's counterclaim.

PER CURIAM:

Judgment entered on or about October 1, 2004 (Anil C. Singh, J.) affirmed, without costs.

The evidence, fairly interpreted, supports the trial court's express factual determination that defendant breached the parties' written occupancy agreement when she prematurely and without "valid reason" moved out of the premises in October 2003, and that plaintiff took appropriate steps to mitigate damages by finding a replacement roommate from November 2003 through February 2004. The small claims award, representing the amount of unpaid rent for the remaining portion of the agreed upon term as offset by defendant's security deposit, achieved substantial justice consistent with substantive law principles (CCA 1807; see Williams v. Roper, 269 AD2d 125 [2000], lv dismissed, 95 NY2d 898 [2000]).

This constitutes the decision and order of the court.
Decision Date: October 03, 2005