Opinion
570165/08.
Decided on May 30, 2008.
Defendants appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about October 29, 2007, after trial, in favor of plaintiff and awarding it damages in the principal sum of $926.38.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Judgment (Arlene P. Bluth, J.), entered on or about October 29, 2007, affirmed, without costs.
The trial court's resolution of the liability aspect of this small claims action in plaintiff-landlord's favor is firmly supported by the record evidence, including the credited testimony of plaintiff's managing agent, testimony which was unrefuted by defendant-tenants who appeared only through counsel. Defendants' present argument that there was an insufficient showing that they caused the violations placed on the apartment premises, raised for the first time on appeal, is not properly considered. In any event, the evidence in its entirety was sufficient to permit the factfinder reasonably to infer that the apartment conditions complained of — including the unauthorized installation of a "slide lock" on the front entrance door — were attributable to defendants and not some other unknown, unspecified cause. Further, plaintiff demonstrated, again by competent, uncontradicted evidence, the reasonableness of its repair costs. "Substantial justice" having been achieved by the judgment rendered in plaintiff's favor, appellate intervention is unwarranted (CCA 1804, 1807).
This constitutes the decision and order of the court.