La Borde v Kushner

[*1] La Borde v Kushner 2004 NY Slip Op 50474(U) Decided on March 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 30, 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. 2003-805 N C

ROBIN LA BORDE, Respondent,

against

ROBERT KUSHNER d/b/a SHORE FINANCE, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Nassau County (H. Miller, J.), rendered March 13, 2002, in favor of plaintiff in the sum of $2,500.

Judgment unanimously affirmed without costs.

In this small claims action, plaintiff presented evidence establishing that his bank account was wrongfully restrained by defendant and which demonstrated plaintiff's financial losses as a result of the wrongful restraint. The court was entitled to credit this evidence (see Jones v Hart, 233 AD2d 297 [1996]). The defendant produced no evidence beyond speculation. Furthermore, bank records supported plaintiffs contention that his accounts had indeed been restrained, despite defendant's protestations that they were not.
Decision Date: March 30, 2004