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Michael J. Derevlany v. Granada Arms Condominium

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


August 24, 2012

MICHAEL J. DEREVLANY,
APPELLANT,
v.
GRANADA ARMS CONDOMINIUM,
RESPONDENT.

Appeal from a judgment of the City Court of White Plains, Westchester County (Barbara A. Leak, J.), entered March 25, 2009.

Derevlany v Granada Arms Condominium

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 24, 2012

PRESENT: LaCAVA, J.P., NICOLAI and LaSALLE, JJ

The judgment, after a non-jury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover, among other things, $200 in fines and a $25 late charge imposed upon him by defendant. After a non-jury trial, the City Court dismissed the action, finding that the fines and late charge had been properly imposed as plaintiff had failed to comply with defendant's leasing policy in that he had not provided defendant with a renewal lease, along with a $300 renewal fee, 30 days prior to the expiration of his tenant's then-current lease.

Upon a review of the record, it is our view that the City Court correctly found that the fines and late charge totaling $225 had been properly assessed against plaintiff since he had failed to comply with defendant's "House Rules." In view of the foregoing, we conclude that substantial justice was done between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). Accordingly, the judgment is affirmed.

LaCava, J.P., Nicolai and LaSalle, JJ., concur. Decision Date: August 24, 2012

20120824

© 1992-2012 VersusLaw Inc.



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