Opinion
2008-63 K C.
Decided on January 7, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered September 20, 2007. The judgment, after a nonjury trial, dismissed plaintiff's action.
Judgment affirmed without costs.
PRESENT: WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ.
In this small claims action sounding in nuisance, we find that substantial justice was done between the parties according to the rules and principles of substantive law ( see CCA 1807). Plaintiff failed to satisfy his burden of proof with respect to establishing either liability ( see Copart Indus. v Consolidated Edison Co. of N.Y., 41 NY2d 564, 570; McCarty v Natural Carbonic Gas Co., 189 NY 40, 46-47; Chenango, Inc. v County of Chenango, 256 AD2d 793, 796; Christenson v Gutman, 249 AD2d 805, 808) or damages ( Guzzardi v Perry's Boats, 92 AD2d 250, 254). Nor did plaintiff show why the individual defendant could in any event be held liable in his individual capacity ( Worthy v New York City Hous. Auth., 21 AD3d 284). Accordingly, the judgment is affirmed.
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.