Steinman v Royal Charter Props., Inc. (2006 NY Slip Op 51893(U))

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Steinman v Royal Charter Props., Inc.

2006 NY Slip Op 51893(U) [13 Misc 3d 132(A)]

Decided on October 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 5, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570226/06.

David Steinman, Plaintiff-Respondent,

against

Royal Charter Properties, Inc., defendant, -and- Rapid Park Industries, Inc., Defendant-Appellant.

Defendant Rapid Park Industries, Inc. appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Eileen Koretz, J.), entered August 9, 2004, after trial, in favor of plaintiff and awarding him damages in the principal amount of $3,600.

PER CURIAM

Judgment (Eileen Koretz, J.), entered August 9, 2004, affirmed, without costs.

The court's determination that the defendant parking garage owner was negligent is supported by the record evidence, which includes defendant's own written acknowledgment that "it was the parking garage security that failed." Thus, the judgment in plaintiff's favor achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807).

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: October 5, 2006