Opinion
570202/03.
Decided February 27, 2004.
Plaintiff appeals from a judgment of the Civil Court, New York County, entered September 13, 2002 after a nonjury trial (Eileen Nadelson, J.) in favor of the defendant dismissing the complaint.
Judgment entered September 13, 2002 (Eileen Nadelson, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Even assuming that defendant landlord could be cast in damages for the value of plaintiff's furnishings which she failed to remove upon her voluntary vacatur from the apartment premises (but see, Garcete v. Lazar, 294 AD2d 118 ), the action was properly dismissed as plaintiff failed to produce any evidence sufficient "to form a basis for an estimate of damages with some degree of exactness" (Henderson v. Holley, 112 AD2d 190, 191).
This constitutes the decision and order of the court.