[*1]
Patino v Pena
2008 NY Slip Op 52148(U) [21 Misc 3d 132(A)]
Decided on October 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 29, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570478/08.

Eligio Patino, Plaintiff-Appellant,

against

John Pena and Bilander HDFC, Defendants-Respondents.


Plaintiff appeals 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 January 30, 2007, after trial, in favor of defendants dismissing the action.


Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about January 30, 2007, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1804, 1807) support the dismissal after trial of this small claims action, where plaintiff failed to present any competent evidence linking defendants to the loss of the personal property kept by plaintiff in the common areas of the building or the value of that property.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 29, 2008