[*1]
Fergusson v Dumbacher
2012 NY Slip Op 51531(U) [36 Misc 3d 143(A)]
Decided on August 14, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 14, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
570217/10.

Claire Fergusson, Plaintiff-Appellant, - -

against

John Dumbacher and Joseph Dumbacher, Defendants-Respondents.


Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County, (Andrea Masley, J.), entered on or about August 30, 2011, after a nonjury trial, in favor of defendants dismissing the complaint.


Per Curiam.

Judgment (Andrea Masley, J.), entered on or about August 30, 2011, affirmed, with $25 costs, for the reasons stated by Andrea Masley, J. at Civil Court. As the trial court properly recognized, plaintiff failed to demonstrate the cause, extent or duration of the apartment conditions complained of or establish with any certainty the amount of any resultant damages.

THIS CONSTITUTES THE DECISION AND JUDGMENT OF THE COURT.
Decision Date: August 14, 2012