Opinion
No. 2012–2412 QC.
2014-06-13
Linda LEON, Appellant, v. Jude LaPORTE, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph E. Capella, J.), entered October 3, 2012. The judgment, entered pursuant to a decision of the same court dated April 4, 2012, after a nonjury trial, dismissed the complaint.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated April 4, 2012 is deemed a premature notice of appeal from the judgment entered October 3, 2012 ( see CPLR 5520[c] ); and it is further,
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover from defendant, her former landlord, the sum of $15,000, alleging that a fire in the boiler room of the apartment building in which she had rented a room had destroyed her property. After a nonjury trial at which both plaintiff and defendant testified, the Civil Court, in a decision dated April 4, 2012, dismissed the complaint. Plaintiff's notice of appeal from the decision is deemed a premature notice of appeal from the judgment entered pursuant thereto on October 3, 2012 ( see CPLR 5520[c] ).
“On a bench trial, the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses” ( Claridge Gardens v. Menotti, 160 A.D.2d 544, 544–545 [1990] ). In order to prevail in this action, plaintiff was required to show a legal basis for the imposition of liability upon defendant, and to introduce evidence establishing the damages she had sustained. She failed to demonstrate any basis for the imposition of liability on defendant, or to establish the monetary value of the personal property which was alleged to have been damaged ( see 36 N.Y. Jur 2d, Damages § 82). Consequently, there is no basis for this court to disturb the judgment.
Accordingly, the judgment is affirmed.
PESCE, P.J., SOLOMON and ELLIOT, JJ., concur.