KOEPPEL v. AVENUE COOP. CORP.

570322/07.

2008 NY Slip Op 51580 (U)

JOHN L. KOEPPEL, Plaintiff v. AVENUE COOPERATIVE CORP., Defendant-Appellant.

Appellate Term of the Supreme Court of New York, First Department

Decided July 22, 2008.


PER CURIAM.

The judgment issued in plaintiff's favor upon the trial of this small claims action is not supported by the evidence nor does it accomplish "substantial justice . . . according to . . . substantive law" (CCA 1804, 1807). Plaintiff's express agreement to accept the cooperative apartment premises "as is . . . except for reasonable wear and tear" and to rely on his own inspection of the apartment precludes his claim that the defendant cooperative corporation...

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