| Mitchell v Thompson |
| 2013 NY Slip Op 51927(U) [41 Misc 3d 139(A)] |
| Decided on November 20, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the
City of New York, New York County, (Margaret A. Chan, J.), entered on or about
November 29, 2012, after trial, in favor of defendant dismissing the action.
Per Curiam.
Judgment (Margaret A. Chan, J.), entered on or about November 29, 2012, affirmed, without costs.
A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, we find no basis to substitute our judgment for that of the trial court in dismissing plaintiff's property damage and related claims after a full hearing. The record permits a finding that defendant caused no compensable damage to the subleased apartment or plaintiff's personalty.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 20, 2013