APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
March 2, 2011
LEONARD J. TIRADO, PLAINTIFF-APPELLANT,
58 WEST 58TH STREET CONDOMINIUM,
Tirado v 58 W. 58th St. Condominium
Decided on March 2, 2011 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on March 2, 2011
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
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.
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. I concurI concurI concur Decision Date: March 02, 2011
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