| Madrid v Netherland Gardens Corp. |
| 2015 NY Slip Op 50734(U) [47 Misc 3d 147(A)] |
| Decided on May 18, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (David B. Cohen, J.), entered on or about April 21, 2014, after trial, as limited his recovery of damages to the principal sum of $106.70.
Per Curiam.
Judgment (David B. Cohen, J.), entered on or about April 21, 2014, affirmed, without costs.
The amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. Plaintiff did not establish his entitlement to any additional damages stemming from the "significant decrease in water pressure" in his cooperative apartment. Contrary to plaintiff's claim, he is not entitled to consequential damages, such as lost pay, for a breach of the statutory implied warranty of habitability (see generally Walls v Prestige Mgt., Inc., 73 AD3d 636 [2010]; Elkman v Southgate Owners Corp., 233 AD2d 104 [1996]). Plaintiff's remaining arguments, to the extent preserved for appellate review, have been considered and rejected.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.