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[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Decided on September 5, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
571013/02

HARRIETT MILLER, Plaintiff-Respondent,
TOM BOROWIK,
[*2] Defendant-Appellant.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about March 6, 2002 after trial (Doris Ling-Cohan, J.) in favor of plaintiff and awarding her damages in the principal sum of $3,000.
PER CURIAM:
file:///C|/Users/Peter/Desktop/NY/2/2003_51261.htm[4/21/2013 1:13:48 PM]
Judgment entered on or about March 6, 2002 (Doris Ling-Cohan, J.) affirmed, without costs.
Plaintiff commenced this small claims action against her upstairs neighbor, defendant Borowik, to recover for property damage allegedly caused by a "flood" in plaintiff's apartment at premises located at 25 Fifth Avenue in Manhattan. Plaintiff's trial showing, including testimony credited as "sincere" by the trial court and unrefuted by defendant who appeared only through counsel, adequately supports the trial court's express finding that the substantial water penetration in plaintiff's apartment was caused by defendant's negligence in allowing "bathtub flooding" in his fifth-floor apartment directly above plaintiff's fourth-floor unit.
The court's receipt of hearsay evidence in the form of statements by the [*3]building superintendent

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