Bracero v Shelby's Powersports Cycle World

[*1] Bracero v Shelby's Powersports Cycle World 2013 NY Slip Op 51794(U) Decided on October 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 28, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570170/13.

Francisco Bracero, Plaintiff-Respondent,

against

Shelby's Powersports Cycle World, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), entered on or about April 27, 2012, after trial, in favor of plaintiff and awarding him damages in the principal sum of $1,701.83, and dismissing defendant's counterclaim.

Per Curiam.

Judgment (Lizbeth Gonzalez, J.), entered on or about April 27, 2012, 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 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the judgment in plaintiff's favor on the main action and the dismissal of defendant's counterclaim. A fair interpretation of the evidence, including the credited testimony of plaintiff and his expert, supports the court's express determination that plaintiff's motorcycle was damaged as a result of defendant's improper installation of an oil filter.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 28, 2013