| Carter v Pitt |
| 2020 NY Slip Op 51303(U) [69 Misc 3d 137(A)] |
| Decided on October 30, 2020 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Shatanyaer Pitt, appellant pro se. Dwayne Carter, respondent pro se (no brief filed).
Appeal from a judgment of the Civil Court of the City of New York, Queens County (John C.V. Katsanos, J.), entered June 13, 2018. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,800.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a judgment dismissing the action.
Plaintiff commenced this small claims action against his deceased mother's former tenant after defendant settled a holdover proceeding and moved out. Plaintiff sought to recover the sum of $4,800, representing use and occupancy for the period March 2017 through August 2017. After a nonjury trial, the court awarded plaintiff the principal sum of $4,800, representing monthly use and occupancy of $800 for that period.
In a small 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" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]).
Defendant argues that plaintiff does not have standing to sue for use and occupancy for the period March 2017 to August 2017 because the property defendant rented from plaintiff's mother has, at all relevant times, been owned by a trust. Indeed, the record demonstrates that the holdover proceeding was commenced by Izetta Brown, Trustee of the Faustine B. Carter Irrevocable Living Trust. Furthermore, a deed submitted by defendant on appeal, of which this court may take judicial notice (see Chateau Rive Corp. v Enclave Dev. Assoc., 22 AD3d 445, 447 [2005]), demonstrates that the Faustine B. Carter Irrevocable Living Trust took title to the property in 2011. Since defendant has made a prima facie showing that plaintiff does not have standing to bring this action, and plaintiff did not submit any evidence to show that he does have standing, the judgment failed to provide the parties with substantial justice according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d at 126).
Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment dismissing the action.
ALIOTTA, P.J., SIEGAL and TOUSSAINT, JJ., concur.