American Italian Cultural Roundtable v Aleandri

[*1] American Italian Cultural Roundtable v Aleandri 2009 NY Slip Op 50478(U) [22 Misc 3d 142(A)] Decided on March 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, J.
570106/08

American Italian Cultural Roundtable Plaintiff-Respondent, - -

against

Emelise Aleandri, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered on or about November 20, 2007, after trial, in favor of plaintiff and awarding it damages in the principal sum of $3,500.

Per Curiam.

Judgment (Arthur F. Engoron, J.), entered on or about November 20, 2007, reversed, without costs, and judgment directed in favor of defendant dismissing the action.
Liability was improperly imposed upon defendant,
as judgment creditor, for any wrongful execution of the plaintiff's bank account as may have occurred at the hands of the City marshal, there being no competent showing of any "direct wrongdoing" on defendant's part that contributed to the marshal's actions (see Cla-Mil E. Holding Corp. v Medallion Funding Corp., 6 NY3d 375, 379 [2006]). Accordingly, dismissal of the small claims action achieves "substantial justice" consistent with substantive law principles (CCA 1807). While we need not reach the issue of damages, we note that the record provides no basis for the court's damage award.
THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
I concur I concur
Decision Date: March 20, 2009