Opinion
570426/17
12-18-2017
Bella N. HANNA, Plaintiff–Appellant, v. 19 WEST 55TH ST. PROPERTY LLC, Defendant–Respondent.
Judgments (Carol Ruth Feinman, J.), each entered May 19, 2016, affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff-tenant's claims for personal injuries and property damages (see CCA 1804, 1807 ; Williams v. Roper , 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000] ). A fair interpretation of the evidence supports the court's finding that plaintiff failed to adduce evidence establishing that defendant-landlord's renovations at the building premises, which allegedly involved the use of a jackhammer, proximately caused any injury to plaintiff's ear or any damage to her refrigerator. Nor, in any event, did plaintiff adduce competent evidence of damages.
Plaintiff's action under index number 2049/15 was properly dismissed as being duplicative of her claim under index number 2047/14, and thus an improper attempt by plaintiff to circumvent the jurisdictional limit of the small claims court (see Swiss Hamlet Homeowners Assoc., Inc. v. Souza , 13 Misc 3d 87 [App Term, 2d Dept 2006] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.