| Wattenberg v Lee |
| 2014 NY Slip Op 50436(U) [42 Misc 3d 151(A)] |
| Decided on March 21, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Joseph E. Capella, J.), entered on or about June
27, 2013, after trial, in favor of plaintiff and awarding her damages in the principal sum
of $503.
Per Curiam.
Judgment (Joseph E. Capella, J.), entered on or about June 27, 2013, 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, and since the record permits a finding that plaintiff-tenant repaired the entrance door lock to his apartment only after defendant-landlord unsuccessfully attempted to effectuate the repair work, we find no basis to substitute our judgment for that of the trial court in awarding plaintiff the demonstrated repair cost.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 21, 2014