Lorefice v Kellenberg Mem. High School

[*1] Lorefice v Kellenberg Mem. High School 2004 NY Slip Op 50587(U) Decided on June 7, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 7, 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. 2003-1381 N C

JOSEPH E. LOREFICE, Appellant,

against

KELLENBERG MEMORIAL HIGH SCHOOL, Respondent.

Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (S. Jaeger, J.), entered May 2, 2003, dismissing the action after trial.

Judgment unanimously affirmed without costs.

Substantial justice was done between the parties in this small claims action (UDCA 1804, 1807). In support of his contention that part of his salary earned during his employment with defendant as a teacher was deferred to cover salary payments to be made in the summer months, plaintiff offered only his own unsubstantiated assertions. He presented no other evidence that defendant defers any part of a teacher's salary to the summer months, as opposed to paying a salary for a one-year period running from September 1 to August 31, and did not offer evidence, beyond his own assertion, to rebut the testimony of several of defendant's representatives that defendant's practice was to pay teachers a salary for a 12-month period rather than for a 9-month academic term. A credibility issue was presented in this matter, and the court as trier of fact resolved this issue in favor of defendant. Its determination is supported by a fair interpretation of the evidence, and will not be disturbed upon appeal (Jones v Hart, 233 AD2d 297 [1996]; see also DiSalvo v Ordway, 208 AD2d 798 [1994]). [*2]
Decision Date: June 07, 2004