Opinion
No. 570762/15.
11-30-2015
Sandra A. TAHAR, Plaintiff–Appellant, v. Darin FRANK, Defendant–Respondent.
Opinion
PER CURIAM.
Judgment (Tanya R. Kennedy, J.), entered on or about October 23, 2014, affirmed, without costs.
A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice has not been done between the parties according to the rules and principles of substantive law” (CCA 1807; see Williams v. Roper, 269 A.D.2d 125 2000, lv dismissed 95 N.Y.2d 898 2000 ). Plaintiff's express agreement to accept the cooperative apartment premises “as is” except for reasonable wear and tear, and to rely on her own inspection of the apartment, precludes her claim that defendant failed to deliver the apartment as promised (see Kasten v. Golden, 50 AD3d 1098, 1099 2008 ). Plaintiff's remaining contentions are without merit, or involve matters dehors the record, not reviewable for the first time on appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.