From Casetext: Smarter Legal Research

Murphy v. Bronx Park Phase I Pres. LLC

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 20, 2017
58 Misc. 3d 130 (N.Y. App. Div. 2017)

Opinion

570661/17

12-20-2017

Yvonne MURPHY, Plaintiff–Appellant, v. BRONX PARK PHASE I PRESERVATION LLC, Defendant–Respondent.


Per Curiam.

Order (Joseph E. Capella, J.), entered December 21, 2016, affirmed, without costs.

Even affording plaintiff-tenant every favorable inference that reasonably could be drawn from the evidence adduced at trial (see Szczerbiak v. Pilat , 90 NY2d 553, 556 [1997] ), we agree that she failed to establish a prima facie case against defendant-landlord for property damages arising from conditions inside plaintiff's apartment. As the trial court noted, plaintiff could not establish through admissible evidence the existence of bedbugs, water leaks or mold inside her apartment that defendant-landlord caused or failed to remedy after notice (see generally Lau Tung Tsui v. New Charlie Tseng Corp. , 35 AD3d 390 [2006] ). In any event, plaintiff failed to proffer competent proof of damages (see Correa v. Midtown Moving , 4 Misc 3d 135[A], 2004 NY Slip Op. 50798[U] [App. Term, 1st Dept. 2004] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Murphy v. Bronx Park Phase I Pres. LLC

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 20, 2017
58 Misc. 3d 130 (N.Y. App. Div. 2017)
Case details for

Murphy v. Bronx Park Phase I Pres. LLC

Case Details

Full title:Yvonne Murphy, Plaintiff-Appellant, v. Bronx Park Phase I Preservation…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 20, 2017

Citations

58 Misc. 3d 130 (N.Y. App. Div. 2017)
2017 N.Y. Slip Op. 51749
92 N.Y.S.3d 704

Citing Cases

Garcia v. Leland Gardens Condo 1

The record establishes that the trial court applied the appropriate rules and principles of substantive law…