Mazariegos v Juarez

[*1] Mazariegos v Juarez 2004 NY Slip Op 50226(U) Decided on March 31, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-1139 S C NO. 2003-1140 S C

JAVIER MAZARIEGOS, Respondent,

against

RIGOBERTO JUAREZ, Appellant. SARA MAZARIEGOS, Respondent, RIGOBERTO JUAREZ, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Suffolk County (H. Bergson, J.), entered on November 27, 2002, awarding Javier Mazariegos the principal sum of $2,632.30.

Appeal by defendant from a small claims judgment of the District Court, Suffolk County (H. Bergson, J.), entered on November 27, 2002, awarding Sara Mazariegos the principal sum of $2,000.

On the court's own motion, appeals consolidated for purposes of disposition. [*2]

Judgments unanimously affirmed without costs.

In these small claims actions, we find defendant's contentions of lack of consideration for the promissory note he executed to purchase Javier Mazariegos'
share of a business and for a loan in the amount of $2,000 made by Sara Mazariegos to the defendant, to be without merit. The judgments should not be disturbed since it cannot be said that the court's determinations were so shocking and failed to produce substantial justice between the parties (UDCA 1807; Scaringe v Holstein, 103 AD2d 880 [1984]).
Decision Date: March 31, 2004