Donley v Forman

[*1] Donley v Forman 2004 NY Slip Op 50531(U) Decided on May 14, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-203 S C

SARAH DONLEY, Respondent,

against

ANNE D. FORMAN, Appellant.

Appeal by defendant from a judgment of the Justice Court, Town of East Hampton, Suffolk County (C. Cahill, J.), entered August 9, 2002, awarding plaintiff the principal sum of $1,390.

Judgment affirmed without costs.

Plaintiff commenced this action to recover the unpaid balance due for landscaping services she rendered to defendant. Upon a review of the evidence, we
find that the conclusions of the court below could have been reached under a fair interpretation of the evidence (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Perez v Garcia, 304 AD2d 544 [2003]). Consequently, the judgment will not be disturbed on appeal.

McCabe, P.J. and Rudolph, J., concur.

Angiolillo, J., taking no part. [*2]
Decision Date: May 14, 2004