Laurino v American Express

[*1] Laurino v American Express 2007 NY Slip Op 50140(U) [14 Misc 3d 133(A)] Decided on January 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 30, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570491/06.

Ersilia A. Laurino, Plaintiff-Appellant,

against

American Express, 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 (Manuel J. Mendez, J.), entered on or about February 7, 2006, after trial, in favor of defendant dismissing the action.

PER CURIAM

Judgment (Manuel J. Mendez, J.), entered on or about February 7, 2006, affirmed, without costs.

The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (see CCA 1807; Williams v. Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly considered, supports the court's determination that plaintiff failed to establish that defendant was given written notice of the charges in dispute or that it did not abide with the terms of the parties' credit card agreement.

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: January 30, 2007