Opinion
2005-1356 KC.
Decided June 22, 2006.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), dated March 14, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,450.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
In this small claims action seeking to recover unpaid rent and for damages to the premises, the record establishes that defendant did not vacate the apartment until sometime in September 2004, undermining her argument that as a month-to-month tenant she did not owe plaintiff rent for September ( see Lukens v. Gragert, 2002 NY Slip Op 50619[U] [App Term, 9th 10th Jud Dists]; 2 Dolan, Rasch's Landlord and Tenant-Summary Proceedings § 26:36, at 311 [4th ed]; Sperry v. Miller, 8 NY 336).
In a bench trial, the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 AD2d 544). This standard applies with greater force to judgments rendered in Small Claims Court ( see Williams v. Roper, 269 AD2d 125, 126). A review of the record on appeal indicates that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125).
Pesce, P.J., Weston Patterson and Golia, JJ., concur.