Mosseri v Vavasis

[*1] Mosseri v Vavasis 2010 NY Slip Op 51984(U) [29 Misc 3d 135(A)] Decided on November 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 18, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570793/09.

Rami Mosseri, Plaintiff-Respondent,

against

Iphigenia Vavasis, 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 (Peter H. Moulton, J.), entered May 18, 2009, after trial, awarding plaintiff damages in the principal sum of $4,533.

Per Curiam.

Judgment (Peter H. Moulton, J.), entered May 18, 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 of fact and credibility determinations (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the court's finding that plaintiff was entitled to fees representing the reasonable value of psychological services performed by plaintiff at defendant's behest.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur [*2]
Decision Date: November 18, 2010