Appeal from a judgment of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered August 25, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action and alleged that defendants overcharged him in rent and did not credit him for rent assistance which they had received from the City of New York on his behalf. However, the evidence adduced at trial established that the board of directors for the cooperative had credited plaintiff for said monies and had merely increased the monthly maintenance fee for all shareholders. Therefore, the lower court's judgment in favor of defendants dismissing plaintiff's claim rendered substantial justice between the parties in accordance with the rules and principles of substantive law (CCA 1807).
Decision Date: December 30, 2005