| Ng v Live Right Mgt. |
| 2009 NY Slip Op 50026(U) [22 Misc 3d 127(A)] |
| Decided on January 7, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice
Fisher Rubin, J.), entered September 20, 2007. The judgment, after a nonjury trial, dismissed
plaintiff's action.
Judgment affirmed without costs.
In this small claims action sounding in nuisance, we find that substantial justice was done between the parties according to the rules and principles of substantive law (see CCA 1807). Plaintiff failed to satisfy his burden of proof with respect to establishing either liability (see Copart Indus. v Consolidated Edison Co. of N.Y., 41 NY2d 564, 570 [1977]; McCarty v Natural Carbonic Gas Co., 189 NY 40, 46-47 [1907]; Chenango, Inc. v County of Chenango, 256 AD2d 793, 796 [1998]; Christenson v Gutman, 249 AD2d 805, 808 [1998]) or damages (Guzzardi v Perry's Boats, 92 AD2d 250, 254 [1983]). Nor did plaintiff show why the individual defendant could in any event be held liable in his individual capacity (Worthy v New York City Hous. Auth., 21 AD3d 284 [2005]). Accordingly, the judgment is affirmed.
Weston Patterson, J.P., Rios and Steinhardt, JJ. , concur.
Decision Date: January 07, 2009