Appeal from a judgment of the Civil Court of the City of New York, Kings County (Manuel J. Mendez, J.), dated December 16, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action, plaintiff-tenant sought to recover from defendant-landlord amounts she expended for repairs made to the floor of her apartment. Plaintiff testified that pursuant to a stipulation entered into in a prior Housing Court proceeding, defendant had agreed to repair the flooring and then had reneged on the agreement. She herself ultimately paid for the repairs. Defendant claimed that it was not responsible for such repairs, and that it had completed all necessary repairs pursuant to the stipulation.

Our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law" (CCA 1807), and we find that substantial justice was done. The stipulation does not, by its terms, obligate defendant to repair the floors of plaintiff's apartment.

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: May 25, 2006