Guldal v Yilmaz

[*1] Guldal v Yilmaz 2004 NY Slip Op 51237(U) Decided on October 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-2 S C

MUTLU GULDAL, Respondent,

against

LEVENT YILMAZ, d/b/a LUCKY AUTO SALES, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Suffolk County (P. Hensley, J.), entered on August 28, 2002, awarding plaintiff the principal sum of $2,000 and dismissing the counterclaim.

Judgment unanimously affirmed without costs.

In this small claims action seeking to recover the down payment paid to defendant for the purchase of an automobile, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). The issue presented concerning the return of the vehicle is one of credibility which should not be disturbed on appeal (Jones v Hart, 233 AD2d 297 [1996]). [*2]
Decision Date: October 21, 2004