Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about March 28, 2006, after trial, in favor of plaintiff and awarding her damages in the principal sum of $2,500.

Per Curiam.

Judgment (Fernando Tapia, J.), entered on or about March 28, 2006, reversed, without costs, and judgment directed in favor of defendant dismissing the action. In this small claims action, plaintiff sues defendant-landlord to recover property damage allegedly caused by a water leak emanating from an upstairs apartment. The trial evidence established that the water leak was the result of a pipe which burst after the upstairs tenant fell asleep while the water in the kitchen sink was running. On these facts, and in the absence of any affirmative showing of negligence on defendant's part, plaintiff is not entitled to a recovery of property damages from defendant. Dismissal of the small claims action thus achieves substantial justice in accordances with the rules and principles of substantive law (see CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2008