Maarten v Ferrington

[*1] Maarten v Ferrington 2005 NYSlipOp 50853(U) Decided on June 1, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: June 1, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and BELEN, JJ.
2002-984 Q C

Ceriis St. Maarten, Appellant, -and- Mary Weiss, Plaintiff,

against

William Ferrington, Respondent.

Appeal by plaintiff Ceriis St. Maarten from so much of a judgment of the Civil Court, Queens County (P. O'Donoghue, J.), entered February 9, 2001, as dismissed her cause of action.

Judgment insofar as appealed from unanimously affirmed without costs.

The record in this action for property damage indicates that the court properly found, following trial, that plaintiff did not establish a meritorious claim for the loss of her property in the course of her eviction. The findings of fact and credibility of the court below are supported by the record and entitled to deference upon appeal (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]).
Decision Date: June 01, 2005