Lucky v. Ezenwa

Appellate Terms of the Supreme Court of New York

Lucky v. Ezenwa

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 17, 2017

Docket2017 NYSlipOp 50519(U)

StatusPublished

This text of Lucky v. Ezenwa (Lucky v. Ezenwa) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lucky v. Ezenwa, (N.Y. Ct. App. 2017).

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Opinion

Alozie Lucky, Plaintiff-Appellant,

against

Nnenne Ezenwa, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Paul L. Alpert, J.) entered June 14, 2016, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Paul L. Alpert, J.) entered June 14, 2016, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff-landlord's action for rent arrears (CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The court correctly interpreted the parties' so-ordered stipulation settling a Bronx Housing Court proceeding, as waiving the rent arrears at issue, if defendant-tenant timely vacated the premises in accordance with the stipulation, which defendant did, in fact, do.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 17, 2017

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Alozie Lucky, Plaintiff-Appellant,

against

Nnenne Ezenwa, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Paul L. Alpert, J.) entered June 14, 2016, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Paul L. Alpert, J.) entered June 14, 2016, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff-landlord's action for rent arrears (CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The court correctly interpreted the parties' so-ordered stipulation settling a Bronx Housing Court proceeding, as waiving the rent arrears at issue, if defendant-tenant timely vacated the premises in accordance with the stipulation, which defendant did, in fact, do.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 17, 2017

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Lucky v. Ezenwa, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucky-v-ezenwa-nyappterm-2017.

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