Snyder v Grossman

[*1] Snyder v Grossman 2007 NY Slip Op 51109(U) [15 Misc 3d 143(A)] Decided on May 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570168/07.

Kyunghi Snyder, Plaintiff-Appellant, - -

against

Carrie Grossman, 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 (Joan Kenney, J.), entered on or about September 7, 2006, after trial, in favor of defendant dismissing the action.

PER CURIAM:

Judgment (Joan Kenney, J.), entered on or about September 7, 2006, affirmed, without costs.

The dismissal after trial of this small claims action achieved "substantial justice" in accordance with the rules and principles of substantive law (CCA 1804, 1807). Giving due deference to the trial court's express finding that "plaintiff lacked any scintilla of credibility," we find no basis to disturb the court's ultimate conclusion that plaintiff failed to meet her
burden of proof on her stated breach of contract theory.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: May 31, 2007