Ishida v Time Warner Cable Inc.

[*1] Ishida v Time Warner Cable Inc. 2009 NY Slip Op 52587(U) [25 Misc 3d 144(A)] Decided on December 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Hunter, JJ
570654/09.

Kazuko Ishida, Plaintiff-Appellant,

against

Time Warner Cable Inc., Defendant-Respondent.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about April l6, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered on or about April l6, 2009, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing the small claims action after trial (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Plaintiff failed to establish any actionable negligence on defendant's part in connection with its cable television installation, or any compensable damages resulting from the installation work.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 21, 2009