Martinez v. Olanrewaju

Full title: GLORIA MARTINEZ, Plaintiff-Appellant, v. NELSON OLANREWAJU

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 29, 2009

2009 N.Y. Slip Op. 50139 (N.Y. App. Term 2009)

880 N.Y.S.2d 225

Opinion

570346/08.

Decided January 29, 2009.

Judgment (Ben R. Barbato, J.), entered on or about September 18, 2007, affirmed, without costs.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 18, 2007, after trial, in favor of defendant dismissing the action.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

The record and the ends of "substantial justice" (CCA 1804, 1807) support the post-trial dismissal of this small claims action. The evidence, fairly interpreted, supports a finding that the defendant-landlord properly applied plaintiff's security deposit to the unpaid rent that accrued prior to plaintiff's eviction from the premises.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.