Charles v 751 Union St., LLC (2019 NY Slip Op 51958(U))
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Charles v 751 Union St., LLC
2019 NY Slip Op 51958(U) [65 Misc 3d 156(A)]
Decided on November 29, 2019
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 November 29, 2019
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, DAVID
ELLIOT, JJ
2018-838 K C
Linda Charles, Appellant,
against
751 Union St., LLC, Respondent.
Linda Charles, appellant pro se.
Sean Smith, Esq., for respondent (no brief filed).
Appeal from a judgment of the Civil Court of the City of New York, Kings County
(Lisa S. Ottley, J.), entered September 28, 2015. The judgment, after a nonjury trial,
dismissed the action.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the sum of $5,000 from
defendant, her landlord, for expenses plaintiff incurred in repairing her apartment. At a
nonjury trial, plaintiff testified that after she had noticed a strong mildew odor in her
apartment, she hired a mold inspection company to test her apartment before notifying
defendant of the condition. The parties then exchanged a series of letters regarding the
alleged mold issue. Plaintiff sent defendant the mold inspection company's results and
told defendant that she did not want the licensed contracting company that defendant's
principal owned to conduct the necessary work in the apartment. Defendant's letters
stated that the contracting company had researched mold removal and was prepared to