Lockett v Moore

[*1] Lockett v Moore 2004 NY Slip Op 51254(U) Decided on October 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
2004-69 K C

SHERNELLA LOCKETT, Appellant,

against

PAUL MOORE, Respondent.

Appeal by plaintiff from a judgment of the Civil Court, Kings County

(E. Spodek, J.), entered November 12, 2003, dismissing the complaint and awarding defendant $115 in costs and disbursements.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant action to recover damages for defendant's breach of an alleged oral agreement by which defendant agreed to pay her money after she paid for defendant's vehicle insurance and registration. She also sought to recover for mental anguish allegedly caused by defendant.

We agree with the court below that plaintiff failed to make out a prima facie case for breach of contract. We also note, incidentally, that damages for psychological injury resulting from a breach of contract are generally not recoverable (see 36 NY Jur 2d, Damages § 102).

A credibility issue was presented in this matter, and the court below, as the trier of fact, resolved the issues in favor of defendant. That determination was supported by a fair interpretation of the evidence, and will not be disturbed on appeal (see DiSalvo v Ordway, 208 AD2d 798 [1994]).
Decision Date: October 20, 2004