Wells v Flowers

[*1] Wells v Flowers 2010 NY Slip Op 50937(U) [27 Misc 3d 139(A)] Decided on May 25, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570211/10.

Theodore Wells,-Appellant,

against

Charlie Flowers, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 8, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Ben R. Barbato, J.), entered on or about September 8, 2009, 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, which rest in large measure on credibility determinations (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis on this record to disturb the trial court's determination that plaintiff failed to establish an actionable conversion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: May 25, 2010