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Rico v. Cooper Sq. Realty Co.

Appellate Term of the Supreme Court of New York, Second Department
Dec 30, 2005
2005 N.Y. Slip Op. 52207 (N.Y. App. Term 2005)

Opinion

2005-402 Q C.

Decided December 30, 2005.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered August 25, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

PRESENT:: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ


Plaintiff commenced the instant small claims action and alleged that defendants overcharged him in rent and did not credit him for rent assistance which they had received from the City of New York on his behalf. However, the evidence adduced at trial established that the board of directors for the cooperative had credited plaintiff for said monies and had merely increased the monthly maintenance fee for all shareholders. Therefore, the lower court's judgment in favor of defendants dismissing plaintiff's claim rendered substantial justice between the parties in accordance with the rules and principles of substantive law (CCA 1807).


Summaries of

Rico v. Cooper Sq. Realty Co.

Appellate Term of the Supreme Court of New York, Second Department
Dec 30, 2005
2005 N.Y. Slip Op. 52207 (N.Y. App. Term 2005)
Case details for

Rico v. Cooper Sq. Realty Co.

Case Details

Full title:JOSE D. RICO, Appellant, v. COOPER SQUARE REALTY CO. and JANETH GOLINSKY…

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

Date published: Dec 30, 2005

Citations

2005 N.Y. Slip Op. 52207 (N.Y. App. Term 2005)
814 N.Y.S.2d 564