Chowdhury v Ras Taxi, Inc.

[*1] Chowdhury v Ras Taxi, Inc. 2018 NY Slip Op 50044(U) Decided on January 12, 2018 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 12, 2018
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : DAVID ELLIOT, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ
2016-1660 Q C

MD Alamin Chowdhury, Appellant,

against

Ras Taxi, Inc. and Pirzada Shabbar, Respondents.

MD Alamin Chowdhury, appellant pro se. John Demaio, Esq., for respondents (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered March 23, 2016. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

In this action, plaintiff seeks to recover damages in the principal sum of $25,000 for "loss of use of property," "damages caused to automobile" and "failure to return property."

At a nonjury trial, plaintiff testified that he owned a vehicle for which he had leased a taxi medallion and that defendants had not returned the vehicle to him. Following the trial, the Civil Court dismissed the complaint.

Upon a review of the record, we find that there was conflicting testimony regarding the ownership of the vehicle. In any event, plaintiff failed to establish his damages.

We note that, contrary to plaintiff's contention, the transcript of the trial has been properly settled (see CPLR 5525).

Accordingly, the judgment is affirmed.

ELLIOT, J.P., PESCE and ALIOTTA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 12, 2018