| Rivera v Motta's Real Estate, Corp. |
| 2010 NY Slip Op 50345(U) [26 Misc 3d 141(A)] |
| Decided on March 8, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Bronx County (Fernando Tapia, J.), entered on or about August 11, 2009, after
trial, in favor of plaintiff and awarding her damages in the principal sum of $3,046, and
dismissing defendants' counterclaims.
Per Curiam.
Judgment (Fernando Tapia, J.), entered on or about August 11, 2009, affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of
substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor
and dismissing defendants' counterclaims (CCA 1804, 1807; see Williams v Roper, 269
AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted,
supports the trial court's finding that plaintiff was entitled to a refund of her security deposit
pursuant to the terms of the parties' written agreement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 08, 2010