Opinion
2007-205 K C.
Decided July 1, 2008.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 8, 2006. The judgment, after a nonjury trial, dismissed plaintiff's complaint.
Judgment affirmed without costs.
The instant action was commenced by the pro se plaintiff to recover the sum of $18,092 for "failure to pay for insurance claim." A review of the record reveals that plaintiff was residing in a transitional living community run by defendant and was involuntarily committed to a hospital after she was deemed a danger to herself and others. From what can be discerned from plaintiff's testimony at trial, it appears that she was suing defendant for the cost of the hospital bills. Plaintiff submitted numerous documents into evidence, and the court below noted that none of said documents indicated that plaintiff owed any monies for her hospital stay, for which she seeks reimbursement in this action. Since plaintiff failed to state a viable cause of action against defendant and, in any event, failed to prove that she sustained any damages, the court below properly dismissed the complaint. Accordingly, the judgment in favor of defendant dismissing the complaint is affirmed.
Rios, J.P., Pesce and Golia, JJ., concur.