| Null v Trade-Winds Envtl. Restoration, Inc. |
| 2006 NY Slip Op 50154(U) [10 Misc 3d 146(A)] |
| Decided on February 6, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Barbara Jaffe, J.), entered on or about December 2, 2004, after trial, in favor of plaintiff and awarding him $4,440.18 in damages.
PER CURIAM
Judgment (Barbara Jaffe, J.), entered on or about December 2, 2005, affirmed, without costs.
The judgment in plaintiff's favor achieved substantial justice in accordance with the rules and principles of substantive law (CCA 1807). We find no basis to disturb the court's determination that defendant, which was hired by the building owner to secure all apartments and remove debris after a fire, was liable for the value of plaintiff's personal property missing from his apartment, where the apartment was secured by a combination lock and defendant alone had the combination. The court providently exercised its discretion in denying defendant's request for an adjournment after defendant indicated its readiness for trial.
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: February 06, 2006