Zaks v Roth

[*1] Zaks v Roth 2007 NY Slip Op 50082(U) [14 Misc 3d 132(A)] Decided on January 18, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, J.P., McCOOE, SCHOENFELD, JJ
570606/06.

Zosia Zaks, Plaintiff-Appellant, - -

against

Joan Roth, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Cynthia S. Kern, J.), entered on or about November 17, 2005, after trial, in favor of defendant dismissing the action.

PER CURIAM:

Judgment (Cynthia S. Kern, J.), entered on or about November 17, 2005, affirmed, without costs.

Plaintiff seeks a refund of fees paid to defendant for, inter alia, photography and video services performed by defendant. The dismissal after trial achieved substantial justice in accordance with the rules and principles of substantive law (CCA 1804, 1807). There is no basis to disturb the court's determination which rests in large measure on considerations relating to the credibility of witnesses (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

This constitutes the decision and order of the court.
I concurI concurI concur

Decision Date: January 18, 2007