Wood v Schulder

[*1] Wood v Schulder 2010 NY Slip Op 50860(U) [27 Misc 3d 137(A)] Decided on May 14, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, JJ
570688/09.

Travis Wood, Plaintiff-Respondent,

against

Robin Schulder, 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 (Arlene P. Bluth, J.), entered on or about September 17, 2009, after trial, in favor of plaintiff and awarding him damages in the principal sum of $2,300.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about September 17, 2009, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and giving due deference to the trial court's assessment of the testimony offered by defendant and her witness as "incredible," we find no basis to disturb the judgment in plaintiff's favor.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 14, 2010