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ROESMARIE E. GAMBOA, plf-res, v. 245 PAS PROPERTY LLC, def-app,-and-Penmark Realty Corp., def

13-431. ROESMARIE E. GAMBOA, plf-res, v. 245 PAS PROPERTY LLC, def-app, -and-Penmark Realty Corp., def — Judgment (Jennifer G. Schecter, J.), entered on or about April 5, 2013, modified by vacating the damage award and directing a new trial solely on the issue of damages; as modified, judgment affirmed, without costs.

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13-431. ROESMARIE E. GAMBOA, plf-res, v. 245 PAS PROPERTY LLC, def-app, -and-Penmark Realty Corp., def — Judgment (Jennifer G. Schecter, J.), entered on or about April 5, 2013, modified by vacating the damage award and directing a new trial solely on the issue of damages; as modified, judgment affirmed, without costs.

The trial court’s resolution of the liability aspect of the within property damage claim in favor of plaintiff accords with the weight of the evidence presented at the small claims trial (see Williams v. Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]) and is not disturbed. Based on the evidence as a whole, and the testimony of the building management employees in particular, the trial court was warranted in finding that a number of plaintiff’s electrical devices and appliances were “fried” as a result of “a defect in the [building's] electrical current over which defendant [-appellant], the building owner, had control,” and in imposing liability on defendant-appellant for violating its nondelegable duty to maintain the premises in a reasonably safe condition (see Multiple Dwelling Law §78).

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