Rodriguez v Morales

[*1] Rodriguez v Morales 2013 NY Slip Op 50642(U) Decided on April 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 18, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres JJ
570106/13.

Sakima Rodriguez, Plaintiff-Appellant,

against

Gladys Morales, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about August 16, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Fernando Tapia, J.), entered on or about August 16, 2012, 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 given the amorphous and unsubstantiated testimony offered by plaintiff as to the existence, purpose and form of the "loans" that he allegedly extended to defendant, we find no basis to substitute our judgment for that of the trial court in dismissing the action.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 18, 2013