Yang Ge v Polanco

[*1] Yang Ge v Polanco 2013 NY Slip Op 50054(U) Decided on January 16, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
10-330.

Yang Ge, Plaintiff-Appellant,

against

Felix A. Polanco, Defendant-Respondent.

Plaintiff appeals from an amended judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered on or about May 17, 2011, after trial, in favor of defendant dismissing the action.

Per Curiam.

Amended judgment (Raul Cruz, J.), entered on or about May 17, 2011, 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 express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The evidence, fairly interpreted, supports the court's fact-laden determination that the negligence of the driver of plaintiff's car in proceeding through a red light was the sole proximate cause of the intersection collision underlying plaintiff's property damage claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur
I concur
I concur

Decision Date: January 16, 2013