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Strudwick v Tuck-It-Away Assoc., L.P.
2006 NY Slip Op 52182(U) [13 Misc 3d 137(A)]
Decided on November 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, J.
570389/06

Enid Strudwick, Plaintiff-Appellant,

against

Tuck-It-Away Associates, L.P., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Raul Cruz, J.) entered on or about February 1, 2006, after trial, in favor of defendant dismissing the action.


PER CURIAM:

Judgment (Raul Cruz, J.), entered on or about February 1, 2006, affirmed, without costs.

The dismissal of plaintiff's small claims action based upon the governing terms of the parties' contract accomplished substantial justice consistent with substantive law principles (see CCA 1804, 1807). Pursuant to the unambiguous language of the "Self-Storage Facility Occupancy Agreement," plaintiff agreed to maintain all-risk insurance on her stored personal property and to waive any claim for "loss or damage in the event of casualty." Such provisions are enforceable and bar any recovery of damages sustained as a result of an unexplained water leak (see Levy v Morgan Bros. Manhattan Storage Co., Inc., 204 AD2d 695 [1994]).

This constitutes the decision and order of the court.
Decision Date: November 21, 2006