Opinion
2005-723 K C.
Decided February 6, 2006.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated February 8, 2005. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
In this small claims action to recover, inter alia, unpaid rent owed by defendant's deceased aunt, a review of the record indicates that the determination of the court below clearly could have been reached under a fair interpretation of the evidence ( Perez v. Garcia, 304 AD2d 544; Jones v. Hart, 233 AD2d 297). The court below found that the oral promise made by defendant was conditional and the condition never occurred. In any event, such promise was not in writing as required by General Obligations Law § 5-701 (2). Consequently, we find that substantial justice has been done between the parties according to the rules and principles of substantive law ( see CCA 1807).
The instant disposition is without prejudice to plaintiff's seeking relief, if any, in the Surrogate's Court.
Pesce, P.J., Golia and Rios, JJ., concur.