Heyward v Kayla's Kennels, Inc.

[*1] Heyward v Kayla's Kennels, Inc. 2009 NY Slip Op 52216(U) [25 Misc 3d 134(A)] Decided on October 23, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-2069 K C.

Nicholas Heyward, Appellant,

against

Kayla's Kennels, Inc., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 12, 2008. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

Plaintiff commenced the instant small claims action to recover for defendant's alleged breach of a contract to train plaintiff's dog. After a nonjury trial, the Civil Court dismissed the action. A review of the record on appeal indicates that there is ample support in the record for the Civil Court's determination. Moreover, contrary to his contention, plaintiff was afforded ample opportunity to cross-examine the witnesses. We therefore find that substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1804, 1807). Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009