Hynard v U.S. Bank

[*1] Hynard v U.S. Bank 2015 NY Slip Op 50269(U) Decided on March 4, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570021/15

Paul O. Hynard, Plaintiff-Appellant,

against

U.S. Bank, Corporate Trust Tax Service, 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 (Debra Rose Samuels, J.), entered on or about July 31, 2014, after inquest, in favor of defendant dismissing the action "without prejudice."

Per curiam.

Judgment (Debra Rose Samuels, J.), entered on or about July 31, 2014, affirmed, without costs.

The record establishes that the inquest court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" (CCA 1804, 1807) in rejecting the plaintiff judgment creditor's unsupported allegations of fraud and dismissing the within small claims action for lack of proof. Absent from the record was any competent evidence tending to show that the defendant bank provided false or misleading responses to plaintiff's information subpoena or otherwise engaged in actionable misconduct in connection with the apparent transfer of United States Certificates of Accrual on Treasury Securities that were in the possession not of the bank, but rather of the nonparty judgment debtor, against whom plaintiff admittedly filed no restraining notice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: March 04, 2015