Ash v McAllister

[*1] Ash v McAllister 2010 NY Slip Op 50388(U) [26 Misc 3d 143(A)] Decided on March 11, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570823/09.

Alan A. Ash,

against

Sylvina McAllister, Defendant-Respondent.

Plaintiff, as limited by his brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about August 12, 2009, after trial, which limited his recovery of damages to the principal sum of $650.

Per Curiam.

Judgment (Jeffrey K. Oing, J.), entered on or about August 12, 2009, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. The court's determination to award plaintiff only a portion of the monies allegedly converted by defendant a decision based in large measure upon the court's credibility determinations is amply supported by the record evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: March 11, 2010