PARK HAVEN LLC v. WOMACK (2020)

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the principal sum of $5,000 from defendant, its former tenant, for late fees, insufficient funds fees, legal fees, unpaid rent, and damage beyond normal wear and tear. After an inquest, the Civil Court dismissed the action, finding that the damages plaintiff proved were less than the $1,600 security deposit plaintiff was holding.¹

In a small claims action, our review is limited to a determination of whether “substantial justice has ․ been done between the parties according to the rules and principles of substantive law” (CCA 1807; see CCA 1804; Ross v. Friedman, 269 AD2d 584 [2000]; Williams v. Roper, 269 AD2d 125 [2000]). We find no basis in the record to disturb the judgment, which rendered substantial justice between the parties (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

FOOTNOTES

1.   We note that as plaintiff does not challenge the propriety of the security deposit setoff on appeal, we do not reach that issue.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.