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Ebrain Consulting, LLC v. Manhattan Mini Storage, LLC

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2019
65 Misc. 3d 159 (N.Y. App. Term 2019)

Opinion

570639/19

12-12-2019

EBRAIN CONSULTING, LLC, Plaintiff-Appellant, v. MANHATTAN MINI STORAGE, LLC, Defendant-Respondent.


Per Curiam.

Judgment (Louis L. Nock, J.), dated July 12, 2018, affirmed, without costs.

The dismissal after trial of this small claims action accomplished "substantial justice" consistent with substantive law principles (see CCA 1804, 1807). Plaintiff's claims herein, arising from its rental of a self-storage unit from defendant and the latter's commencement of an allegedly frivolous holdover proceeding, are barred by the default final judgment rendered against plaintiff in that holdover proceeding. A judgment rendered by default is conclusive as to any matters actually litigated "as well as to defenses raised in the prior action or which, though not raised, could have been" ( 119 Rosset Corp. v. Blimpy of NY Corp. , 65 AD2d 683, 684 [1978] )

Although the trial court did not render a decision in conformity with CPLR 4213(b), we find, upon our independent review of the complete record (see Weckstein v. Breitbart , 111 AD2d 6 [1985] ), that the evidence supports the court's determination.


Summaries of

Ebrain Consulting, LLC v. Manhattan Mini Storage, LLC

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2019
65 Misc. 3d 159 (N.Y. App. Term 2019)
Case details for

Ebrain Consulting, LLC v. Manhattan Mini Storage, LLC

Case Details

Full title:Ebrain Consulting, LLC, Plaintiff-Appellant, v. Manhattan Mini Storage…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 12, 2019

Citations

65 Misc. 3d 159 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51989
119 N.Y.S.3d 814