Diaz v Javier

[*1] Diaz v Javier 2015 NY Slip Op 50732(U) Decided on May 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 18, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570344/15

Juan Diaz, Plaintiff-Respondent,

against

Marino Javier, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered on or about December 21, 2010, after trial, in favor of plaintiff and awarding him damages to the principal sum of $1,806.

Per Curiam.

Judgment (Mitchell J. Danziger, J.), entered on or about December 21, 2010, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's findings of fact and credibility (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the court's determination that plaintiff was entitled to recover the cost of certain building materials purchased on defendant's behalf. The trial evidence, fairly interpreted, supports a finding that plaintiff purchased the materials at defendant's request, pursuant to their oral agreement to erect a carport on defendant's property.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 18, 2015