| Mak v Tong Hui You |
| 2006 NY Slip Op 51981(U) [13 Misc 3d 133(A)] |
| Decided on October 18, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from a judgment of the Civil Court, New York County (Geoffrey D. Wright, J.), entered on or about May 20, 2005, after a nonjury trial, which awarded plaintiff the principal amount of $21,289 in an action for unpaid rent.
Per Curiam:
Judgment (Geoffrey D. Wright, J.), entered on or about May 20, 2005, affirmed, with $25 costs.
Defendants are not entitled to a new trial since they were afforded ample opportunity as pro se litigants to present their case (see Roundtree v Singh, 143 AD2d 995 [1988]). The record demonstrates that defendants clearly understood the nature of the proceedings and were fully able to convey the substance of their constructive eviction defense. The decision to proceed pro se afforded defendants no greater rights than any other litigant (Davis v Mutual of Omaha Insurance Company, 167 AD2d 714 [1990]).
There being no direct challenge to the judgment, either as to liability or damages, we sustain the trial court's determination as to the amount of unpaid rent due under the terms of the commercial lease.
This constitutes the decision and order of the Court.
Decision Date: October 18, 2006