Opinion
2003-109 K C.
Decided January 29, 2004.
Appeal by defendant from a commercial claims judgment of the Civil Court, Kings County, (J. Sullivan, J.), entered on July 18, 2002, which awarded plaintiff the sum of $1,024.28.
Judgment unanimously affirmed without costs.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
In this action seeking to recover storage costs, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804-A, 1807-A; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126).
Upon review of the record, we find that the court below properly held that the parties did not agree to orally modify the written storage lease agreement between them. The record reveals that plaintiff did not accept defendant's offer to modify their agreement ( see generally Matter of Express Indus. Term. Corp. v. New York State Dept. Of Transp., 93 NY2d 584; Platt v. Portnoy, 220 AD2d 652).