DE LOS SANTOS v. CASTRO (2021)

Supreme Court, Appellate Term, New York,

Melissa DE LOS SANTOS, Plaintiff-Appellant, v. Cynthia CASTRO, Defendant-Respondent.

570035 /21

Decided: June 11, 2021

PRESENT: McShan J.P., Brigantti, Hagler, JJ.

Judgment (Kim Adair Wilson, J.), entered October 8, 2019, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of this Small Claims action achieved “substantial justice” (CCA 1804, 1807) and was neither inadequate nor unreasonable. Although the certified documentary evidence, fairly interpreted, supports a finding that defendant, plaintiff's upstairs neighbor, was the cause of water leaks in plaintiff's apartment, plaintiff failed to establish entitlement to any additional recovery for property damage sustained as a result of the leaks beyond that awarded by the trial court. Plaintiff failed to provide sufficient evidence of the property's value and condition, which was necessary for her to establish damages (see Charles v Boland, 57 Misc 3d 150[A], 2017 NY Slip Op 51524[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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