| Bartow v DBW Prop. Assoc., Inc. |
| 2009 NY Slip Op 51348(U) [24 Misc 3d 130(A)] |
| Decided on July 1, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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 September 4, 2008, after
trial, in favor of plaintiff and awarding him damages in the principal sum of $750.
Per Curiam.
Judgment (Fernando Tapia, J.), entered on or about September 4, 2008, affirmed, without costs.
Liability was properly imposed upon the defendant management firm, since the record developed at the trial of this small claims action permits a finding that defendant affirmatively undertook responsibility to repair the recurrent water leaks in plaintiff's apartment and failed to properly effectuate the repair work. Plaintiff's unrefuted testimony as to the purchase price of the household items damaged as a result of defendant's negligence was sufficient to support the court's modest damage award (see Conboy v Studio 54, 113 Misc 2d 403, 406-407 [1982, Saxe, J.]). The record and the ends of "substantial justice" (CCA 1804, 1807) thus support the judgment awarded in plaintiff's favor.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 01, 2009