Opinion
2021-50547
06-11-2021
Melissa De Los Santos Plaintiff-Appellant, v. Cynthia Castro, Defendant-Respondent.
Unpublished Opinion
PRESENT: McShan J.P., Brigantti, Hagler, JJ.
PER CURIAM.
Plaintiff, as limited by her brief, appeals from so much of the judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Kim Adair Wilson, J.), entered October 8, 2019, after trial, as limited her recovery to the principal sum of $157.13.
Judgment (Kim Adair Wilson, J.), entered, 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. Although the certified documentary evidence, fairly interpreted, supports a finding that defendant, plaintiff's upstairs neighbor, was the cause of water leaks in plaintiff's apartment, plaintiff failed to establish entitlement to any additional recovery for property damage sustained as a result of the leaks beyond that awarded by the trial court. Plaintiff failed to provide sufficient evidence of the property's value and condition, which was necessary for her to establish damages (see Charles v Boland, 57 Misc.3d 150 [A], 2017 NY Slip Op 51524[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).