Ezell v Hill

[*1] Ezell v Hill 2009 NY Slip Op 50123(U) [22 Misc 3d 130(A)] Decided on January 28, 2009 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570604/08.

James Ezell, Plaintiff-Appellant,

against

Rondu Hill and Jill Bristow, Defendants-Respondents.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Shlomo S. Hagler, J.) entered on or about May 1, 2008, after trial, in favor of defendants dismissing the action.

Per Curiam.

Judgment (Shlomo S. Hagler, J.), entered on or about May 1, 2008, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807), and giving due deference to the trial court's findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. It was within the province of the trial court, as fact-finder, to discredit the unsubstantiated testimony offered by plaintiff in support of his conversion claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 28, 2009