Patino v Verizon Corp.

[*1] Patino v Verizon Corp. 2013 NY Slip Op 52216(U) Decided on December 24, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 24, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570576/12.

Eligio Patino Jr., Plaintiff-Appellant,

against

Verizon Corporation, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Robert R. Reed, J.), entered on or about March 15, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Robert R. Reed, J.), entered on or about March 15, 2012, affirmed, without costs.

The verdict issued upon the trial of this small claims action, dismissing plaintiff's property damage claim, finds support in the record and accomplished "substantial justice" consistent with substantive law principles (CCA 1804, 1807). The evidence, fairly interpreted, permits a finding that defendant's double-parked vehicle was not a proximate cause of the underlying collision involving plaintiff's car and a vehicle operated by a nonparty (see O'Malley v USA Waste of New York, Inc., 283 AD2d 409 [2001]; Vazquez v Roldan, 86 AD3d 640 [2011]).

Although the trial court did not render a decision in conformity with CPLR 4213(b), we find, upon our independent review of the complete record (see Weckstein v Breitbart, 111 AD2d 6 [1985]), that the evidence supports the court's determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 24, 2013