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Tirado v. 58 W. 58th St. Condominium

Appellate Term of the Supreme Court of New York, First Department
Mar 2, 2011
2011 N.Y. Slip Op. 50293 (N.Y. App. Term 2011)

Opinion

570963/10.

Decided March 2, 2011.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered March 18, 2010, which, after trial, is in favor of defendant dismissing the action.

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ.


Judgment (Arthur F. Engoron, J.), entered March 18, 2010, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in defendant's favor dismissing this small claims action (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125, 126-127, lv dismissed 95 NY2d 898). The evidence, fairly interpreted, supports the trial court's finding that, pursuant to the governing written agreement between the parties, plaintiff was not entitled to a refund of his security deposit for alterations due to his multiple breaches of said agreement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Tirado v. 58 W. 58th St. Condominium

Appellate Term of the Supreme Court of New York, First Department
Mar 2, 2011
2011 N.Y. Slip Op. 50293 (N.Y. App. Term 2011)
Case details for

Tirado v. 58 W. 58th St. Condominium

Case Details

Full title:LEONARD J. TIRADO, Plaintiff-Appellant, v. 58 WEST 58TH STREET…

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

Date published: Mar 2, 2011

Citations

2011 N.Y. Slip Op. 50293 (N.Y. App. Term 2011)