Opinion
570935/15
01-13-2016
Norman Caban, Plaintiff-Respondent, v. Riverbay Corporation, Defendant-Appellant.
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered on or about April 11, 2013, after trial, in favor of plaintiff and awarding him damages in the principal sum of $1,400.
Per curiam.
Judgment (Gerald Lebovits, J.), entered on or about April 11, 2013, affirmed, without costs.
The trial court's resolution of the liability aspect of the within property damage claim in favor of plaintiff accords with the weight of the evidence presented at the small claims trial (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), and is not disturbed. Based on the evidence as a whole, including the Fire Department incident report, the trial court was warranted in imposing liability on defendant building owner for a "fire in . . . an electrical circuit in [plaintiff's] apartment that caused a short that ruined his television" and other devices (see Gamboa v 245 PAS Prop. LLC, 42 Misc 3d 130[A], 2013 NY Slip Op 52214[U] [App Term, 1st Dept 2013]). We note that plaintiff's evidence was sufficient to support the liability finding even without relying on the doctrine of res ipsa loquitur.
The court's damage award comported with the governing substantial justice review standard (see CCA 1804, 1807), and is not now challenged on appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: January 13, 2016