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Lynch v. Gadson

Appellate Term of the Supreme Court of New York, Second Department
May 23, 2011
2011 N.Y. Slip Op. 50954 (N.Y. App. Term 2011)

Opinion

2010-1223 Q C.

Decided May 23, 2011.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered April 20, 2010. The judgment, insofar as appealed from, after a nonjury trial, awarded plaintiff the principal sum of $7,500 as against defendant Celeste Gadson, and dismissed defendant Celeste Gadson's counterclaims.

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.


Plaintiff brought this action to recover rent allegedly due from her former tenant, Celeste Gadson, as well as from one Spencer Wilson. Both defendants counterclaimed, alleging harassment. The judgment, insofar as appealed from by defendant Gadson, after a nonjury trial, awarded plaintiff the principal sum of $7,500 as against Gadson and dismissed her counterclaim.

On appeal, Gadson raises a number of issues, including, among others, the alleged illegality of her rental unit and the unlawfulness of her lease or leases for the premises. Since Gadson failed to raise these issues in the Civil Court, they are outside the scope of our review ( see generally CPLR 5501). The Civil Court explicitly stated that its conclusions were premised in large part on its observation of the demeanor and credibility of the witnesses. To the extent that the court's determination is challenged by Gadson, we find that it could have been reached under a fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544). Gardson's remaining contentions are similarly without merit. Accordingly, the judgment is affirmed.

Weston, J.P., Golia and Rios, JJ., concur.


Summaries of

Lynch v. Gadson

Appellate Term of the Supreme Court of New York, Second Department
May 23, 2011
2011 N.Y. Slip Op. 50954 (N.Y. App. Term 2011)
Case details for

Lynch v. Gadson

Case Details

Full title:TERRY-ANN LYNCH, Respondent, v. CELESTE GADSON, Appellant-and-SPENCER…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: May 23, 2011

Citations

2011 N.Y. Slip Op. 50954 (N.Y. App. Term 2011)