Swotinsky v Samson Mgt., LLC (2023 NY Slip Op 51233(U))
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Swotinsky v Samson Mgt., LLC
2023 NY Slip Op 51233(U) [81 Misc 3d 127(A)]
Decided on September 22, 2023
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 September 22, 2023
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LISA S.
OTTLEY, JJ
2022-346 Q C
Jonathan D. Swotinsky,
Respondent,
against
Samson Management, LLC and Garth Associates, LLC,
Appellants.
Law Offices of Jordan M. Hyman, PLLC (Jordan M. Hyman of counsel), for appellants.
Jonathan D. Swotinsky, respondent pro se.
Appeal from a judgment of the Civil Court of the City of New York, Queens County
(Lisa Lewis, J.; op 2022 NY Slip Op 50487[U] [2022]), entered April 19, 2022. The
judgment, after a nonjury trial, awarded plaintiff the principal sum of $7,034.52 against
both defendants, jointly and severally.
ORDERED that the judgment is modified by vacating so much thereof as is against
defendant Samson Management, LLC and by dismissing so much of the action as is
asserted against it, and by reducing the award as against defendant Garth Associates,
LLC to the principal sum of $4,834.52; as so modified, the judgment is affirmed, without
costs.
Plaintiff sublet a coop apartment from defendant Garth Associates, LLC (Garth),
which apartment was managed by defendant Samson Management, LLC (Samson). As a
result of an October 15, 2018 fire in a different apartment in the same building, water
penetrated plaintiff's apartment, and, during the ensuing months, mold developed. In this