Brink v Clinton Family Inn

[*1] Brink v Clinton Family Inn 2009 NY Slip Op 50620(U) [23 Misc 3d 129(A)] Decided on April 9, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570797/07

Patricia Brink, Plaintiff-Appellant,

against

Clinton Family Inn, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about July 10, 2007, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Jeffrey K. Oing, J.), entered on or about July 10, 2007, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1804, 1807) support the dismissal after trial of this small claims action, and, indeed, plaintiff on appeal does not directly challenge the propriety of the court's substantive determination. To the extent that plaintiff's mid-trial statement that she would "try to get it together" and locate the police report of the alleged incident can be viewed as a proper request for an adjournment to allow her to produce the report, the court's denial of such relief was not an abuse of discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2009