Cheema v Chaudhary

[*1] Cheema v Chaudhary 2009 NY Slip Op 52059(U) [25 Misc 3d 127(A)] Decided on October 6, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., NICOLAI and TANENBAUM, JJ
2008-1456 N C.

Ziaullah Cheema, Appellant,

against

Qaiser Chaudhary, Respondent.

Appeal from a judgment of the District Court of Nassau County, Second District (Howard S. Miller, J.), entered September 14, 2006. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff seeks to recover $5,000 from defendant for business expenses incurred by Kings Plaza Petroleum, Inc. Plaintiff asserted that his right to recover these expenses from defendant was based on certain terms set forth in an agreement for the sale of shares in Kings Plaza Petroleum, Inc. from defendant to plaintiff. After a nonjury trial, the District Court dismissed the action.

Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). All of the documentary evidence submitted by plaintiff in support of his claim for damages consisted of bills or invoices made out to "Azan's Market Inc." or similarly named entities. Plaintiff failed to prove by testimony or documentary evidence that there was any agreement between the parties regarding such a corporation. Accordingly, the judgment dismissing the action is affirmed.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur. [*2]
Decision Date: October 06, 2009