Barnes v Crown Towing Servs., Inc.
Decided on October 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
Lelia Barnes, Plaintiff-Appellant,
Crown Towing Services, Inc., Richard Elsele and Joe Doe, Defendants-Respondents.
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York
County (Joan M. Kenney, J.), entered January 31, 2006, after a nonjury trial, which dismissed the
complaint and awarded defendant Crown Towing Services, Inc. a recovery of $3850 on its
Judgment (Joan M. Kenney, J.), entered January 31, 2006, modified to vacate the $3850 award to defendant Crown Towing Services, Inc. and to dismiss defendant's counterclaim, and as modified, affirmed, without costs.
We sustain the dismissal of plaintiff's claims after trial. The record supports the court's determination that plaintiff failed to produce evidence in support of her claims for property damage and lost earnings. However, the award to the corporate defendant on its counterclaim for towing services rendered cannot be sustained since defendant failed to produce any evidence to establish that the person who allegedly signed the towing contract on plaintiff's behalf had the authority to do so or to substantiate the towing fees charged.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 3, 2007