Blair v Shell Barn Beverage, Inc.

[*1] Blair v Shell Barn Beverage, Inc. 2009 NY Slip Op 52327(U) [25 Misc 3d 137(A)] Decided on November 17, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and LaCAVA, JJ
2009-665 N C.

Karen Blair, Appellant,

against

Shell Barn Beverage, Inc., Respondent.

Appeal from a judgment of the District Court of Nassau County, Second District (Bonnie P. Chaikin, J.), entered August 25, 2008. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff seeks to recover for damage sustained to her vehicle allegedly as a result of defendant's negligence. After a nonjury trial, the District Court dismissed plaintiff's cause of action. We find that the judgment rendered by the District Court provided the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams, 269 AD2d at 126). As there is ample support in the record for the District Court's determination, it will not be disturbed.

Accordingly, the judgment is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur.
Decision Date: November 17, 2009