| Parush v Zapken |
| 2008 NY Slip Op 51562(U) [20 Misc 3d 138(A)] |
| Decided on July 10, 2008 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Richmond County
(Peter Paul Sweeney, J.), entered October 10, 2006. The judgment, after a nonjury trial,
dismissed the action.
Judgment affirmed without costs.
In this small claims action by a tenant against her landlord seeking reimbursement for her
payment of allegedly excessive heating bills, the trial court properly rendered its judgment
providing the parties with substantial justice according to the rules and principles of substantive
law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v
Roper, 269 AD2d 125, 126 [2000]). Upon our review of
the record, we find that, even assuming plaintiff established liability, she failed to
adequately establish the amount of damages, if any, which she allegedly sustained. Accordingly,
the judgment is affirmed.
Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 10, 2008