Opinion
09-21-2023
Ellen Silverman, Plaintiff-Appellant, v. Milford Management Corp. and Board of Managers of Liberty Court, Defendants-Respondents.
Unpublished Opinion
MOTION DECSION
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Hilary Gingold, J.), entered October 6, 2022, after trial, in favor of defendants dismissing the action.
Judgment (Hilary Gingold, J.), entered on October 6, 2022, affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished substantial justice (see CCA 1804, 1807) in dismissing this small claims action arising from water damage inside plaintiff's condominium unit. A fair interpretation of the evidence supports the trial court's finding that the condominium bylaws require plaintiff unit owner to bear the repair cost for any damages occurring in her unit due to alterations made by her within the four walls. Therefore, plaintiff - not defendants condominium board of managers and managing agent - is responsible for the water damages caused by a ruptured pipe under her kitchen sink, inasmuch as plaintiff replaced that pipe during a gut renovation of her kitchen before the date of the incident (see Davis v Prestige Mgt. Inc., 98 A.D.3d 909, 910 [2012]).
The trial record does not support plaintiff's contention that she was deprived of a fair trial or that she was not allowed to cite relevant case law.