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44th St. Photo, Inc. v Abrams
2016 NY Slip Op 50705(U) [51 Misc 3d 144(A)]
Decided on April 25, 2016
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 25, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MARANO, P.J., and GARGUILO, J.
2014-2733 S C


44th Street Photo, Inc., Respondent,

against

Adam C. Abrams, Appellant.


Appeal from a judgment of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), entered May 6, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000 and dismissed defendant's counterclaims.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this commercial claims action to recover $5,000 in unpaid rent. Defendant counterclaimed to recover a brokerage fee for allegedly obtaining a new tenant for plaintiff, and attorney's fees for defending plaintiff's vice president on a series of criminal violations of local ordinances. After a nonjury trial, the District Court awarded plaintiff the principal sum of $5,000 and dismissed defendant's counterclaims.

In a commercial claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A [a]; see UDCA 1804-A; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). Upon a review of the record, we find that defendant's arguments on appeal lack merit. We note that the doctrine of respondeat superior, applicable to tort liability, does not render a principal liable for its agent's criminal defense fees (cf. Rausman v Baugh, 248 AD2d 8, 10 [1998]), and a provision in a lease allowing a landlord to recover possession based upon the nonpayment of rent does not preclude the landlord from enforcing the lease by seeking unpaid rent in a plenary action (see Patchogue Assoc. v Sears, Roebuck & Co., 37 Misc 3d 1 [App Term, 2d Dept, 9th & 10th Jud Dists 2012]). As the court's determination is supported by the record, substantial justice has been done between the parties (see UDCA 1804-A, 1807-A).

Accordingly, the judgment is affirmed.

Marano, P.J., and Garguilo, J., concur.


Decision Date: April 25, 2016