Decision and Order The trial of the above matter was held on September 24, 2024. Claimant, Erika Canino, appeared self-represented. Defendants appeared by counsel and witness. By Order of this Court dated March 18, 2024, claimant was permitted to amend her claim to increase damages to $2,500. At trial claimant testified that she suffered injuries and damages to her property when defendant’s contractor negligently made repairs in her apartment causing construction dust and debris to permeate her apartment and dust to cover and damage her property. Claimant is a tenant at defendant’s building, she suffers from Asthma and testified she cannot live with dust. Claimant testified the contractor opened up a wall in the bathroom and removed sheetrock while putting a fan in the window which blew the dust inside her apartment. As a result, her entire apartment and property were covered in dust. She had to throw out her old furniture and purchase a new bed, sofa and dining room set due to the damages. She produced photos and receipts for items purchased. For several months, she lived without a sofa and sat on a blanket on the floor with her son until she had money to purchase a new sofa. Defendant testified by its witness Jose Carela, supervisor, who denied any damages to claimant’s apartment and property. He defended his contractor and said he did nothing wrong. Carela testified that claimant refused access to her apartment to make repairs and referred to a pending landlord tenant action. However, defendant contractor was not produced, nor were any records of the alleged repairs, inspections and complaints of damages produced. Based on credible evidence and testimony, Claimant proved her prima facie case against defendants. Accordingly, it is hereby ORDERED, Judgment is awarded to Claimant Erika Canino in the amount of $2,500 plus interests and costs from 10/11/23 against defendants jointly and severally; and it is ORDERED, the Clerk is directed to mail a copy of this order to all parties. This constitutes the Decision and Order of the Court. Dated: September 26, 2024
