Udoh v US Airways Inc.

[*1] Udoh v US Airways Inc. 2015 NY Slip Op 50450(U) Decided on April 2, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ
570036/15

Charles Udoh, Plaintiff-Appellant,

against

US Airways Inc., Defendant-Respondent.

Plaintiff 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 (Arlene P. Bluth, J.), entered on or about June 30, 2011, after trial, as limited his recovery of damages to the principal sum of $500.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about June 30, 2011, insofar as appealed from, affirmed, without costs.

The amount of the damage award ($500) 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. Plaintiff did not establish his entitlement to any additional damages for the loss of his suitcase and its contents. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it 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 concur I concur I concur
Decision Date: April 02, 2015