Appeal from a judgment of the City Court of Middletown, Orange County (Michael Schwartz, J.), entered August 11, 2004. The judgment, insofar as appealed from, awarded plaintiff, after a nonjury trial, the principal sum of $2,800 as against defendant Ebonie Avant.

Judgment, insofar as appealed from, modified by reducing the award in favor of plaintiff as against defendant Ebonie Avant to the sum of $800; as so modified, affirmed without costs.

Substantial justice was not done between the parties according to the rules and principles of substantive law (UCCA 1804, 1807) in this small claims action for rent due and property damage. To the extent that the court awarded plaintiff $2,000 upon his property damage claim as against defendant Ebonie Avant, such award is unsupported by the record, as the court itself found that plaintiff had failed to prove that said defendant had caused the damage, or that it occurred while the premises were in her possession. Consequently, the judgment in favor of plaintiff as against appellant Avant should be reduced from the sum of $2,800 to the sum of $800. [*2]

Rudolph, P.J., Angiolillo and McCabe, JJ., concur.
Decision Date: February 01, 2006