SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
October 16, 2012
AND PHIZER & PLITZER 181, INC.,
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 19, 2011.
Fowlin v Bruce
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 16, 2012
PRESENT: WESTON, J.P., RIOS and SOLOMON, JJ
The judgment, insofar as appealed from as limited by the brief, awarded plaintiff the principal sum of $1,600 as against defendant Cirtian Bruce.
ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.
In this small claims action for, among other things, the return of a security deposit, defendant Cirtian Bruce (appellant) appeals, as limited by his brief, from so much of a judgment as, following a non-jury trial, awarded plaintiff the principal sum of $1,600 as against him, contending that he should not be held individually liable, as the lease was between plaintiff and the defendant corporation. However, appellant expressly waived this objection at trial, and chose to proceed, individually, with his counterclaim for unpaid rent. Consequently, we find that substantial justice was done between the parties (CCA 1804, 1807), and we affirm the judgment, insofar as appealed from.
Weston, J.P., Rios and Solomon, JJ., concur. Decision Date: October 16, 2012
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