| 207 E. 117th St. LLC v Vera |
| 2008 NY Slip Op 51075(U) [19 Misc 3d 143(A)] |
| Decided on May 30, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Small Claims Part of the Civil Court of the City of
New York, New York County (Arlene P. Bluth, J.), entered on or about October 29, 2007, after
trial, in favor of plaintiff and awarding it damages in the principal sum of $926.38.
PER CURIAM.
Judgment (Arlene P. Bluth, J.), entered on or about October 29, 2007, affirmed, without costs.
The trial court's resolution of the liability aspect of this small claims action in
plaintiff-landlord's favor is firmly supported by the record evidence, including the credited
testimony of plaintiff's managing agent, testimony which was unrefuted by defendant-tenants
who appeared only through counsel. Defendants' present argument that there was an insufficient
showing that they caused the violations placed on the apartment premises, raised for the first time
on appeal, is not properly considered. In any event, the evidence in its entirety was sufficient to
permit the factfinder reasonably to infer that the apartment conditions complained of —
including the unauthorized installation of a "slide lock" on the front entrance door — were
attributable to defendants and not some other unknown, unspecified cause. Further, plaintiff
demonstrated, again by competent, uncontradicted evidence, the reasonableness of its repair
costs. "Substantial justice" having been achieved by the judgment rendered in plaintiff's favor,
appellate intervention is unwarranted (CCA 1804, 1807).
This constitutes the decision and order of the
court.
[*2]
Decision Date: May 30, 2008