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Sorena M. Dix v. Melissa Berger

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


July 7, 2011

SORENA M. DIX,
RESPONDENT,
v.
MELISSA BERGER,
APPELLANT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered October 7, 2009. The judgment, after a non-jury trial, awarded plaintiff the principal sum of $1,029.

Dix v Berger

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2011

PRESENT: WESTON, J.P., PESCE and RIOS, JJ

ORDERED that the judgment is modified by reducing the amount awarded to plaintiff to the principal sum of $550; as so modified, the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover damages in the sum of $3,000, representing, among other things, a security deposit for a room she rented from defendant pursuant to a month-to-month lease agreement. After a non-jury trial, the Civil Court awarded plaintiff the principal sum of $1,029. This appeal by defendant ensued.

Upon a review of the record, we find that there was sufficient evidence for the Civil Court to conclude that plaintiff was entitled to a refund of the $550 security deposit she had paid to defendant. However, contrary to the findings of the Civil Court, plaintiff failed to demonstrate that defendant was liable for any other damages that plaintiff allegedly incurred.

In view of the foregoing, substantial justice (see CCA 1804, 1807) requires that the judgment be modified by reducing the award in favor of plaintiff to the principal sum of $550.

Weston, J.P., Pesce and Rios, JJ., concur.

Decision Date: July 07,2011

20110707

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