(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1486-10T3
WAKENNA DOWELL, Plaintiff-Respondent, v. HOSSEIN AMERI, Defendant-Appellant.
January 26, 2012
From the Rutgers Law Library
Defendant Hossein Ameri appeals from the order of the Law Division, Special Civil Part, awarding judgment of $1550.34 to plaintiff, Wakenna Dowell, after a bench trial. We affirm.
Regarding the condition of the premises, the court found, based on photographs of the apartment taken by one of Ameri’s workers, Ippolito Trinidad, that Dowell left holes in the walls. The wall repairs cost $300. However, the court was unpersuaded that Dowell left burn marks in the carpet, which was unsupported by photographic evidence. The court rejected as incredible the testimony of Kevin Slade, another Ameri worker, that he had installed new carpet at a cost of $300. The court noted that Ameri had claimed $300 in costs for "replacing damaged carpets in three rooms" in an itemized list of repair costs that he allegedly gave to Dowell on June 9; yet, according to the evidence, measurements were not taken until June 10, and work done thereafter. Regarding the issue of damage to the apartment, the court expressly declined to rely on October 2010 photographs that Dowell had introduced into evidence over Ameri’s vigorous objection, and which Ameri referenced in his motion for a new trial.