Opinion
2009-537 K C.
Decided February 16, 2011.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered June 18, 2008. The judgment, entered upon an arbitrator's award, dismissed the action.
ORDERED that the appeal is dismissed.
PRESENT: PESCE, P.J., WESTON and GOLIA, JJ.
Plaintiff brought this small claims action to recover for damages she allegedly sustained as the result of defendant's removal of her property from a room plaintiff rented from defendant. The parties consented to arbitration and signed a consent form, which states that the arbitration award is final and that no appeal is permitted. A judgment was entered pursuant to the award by the small claims arbitrator in favor of defendant dismissing the action. The instant appeal by plaintiff ensued.
In view of the parties' waiver of the right of appeal, no appeal may be taken from the judgment of the Civil Court ( see Patel v Do Co NY Catering, Inc. , 27 Misc 3d 132[A], 2010 NY Slip Op 50701[U] [App Term, 2d, 11th 13th Jud Dists 2010]; Santos v Ortiz , 3 Misc 3d 137[A], 2004 NY Slip Op 50513[U] [App Term, 2d 11th Jud Dists 2004]; Molloy v Froyton, 124 Misc 2d 865 [App Term, 9th 10th Jud Dists 1984]). Accordingly, the appeal is dismissed.
Pesce, P.J., Weston and Golia, JJ., concur.