Meiselman v Meyers Moving & Stor. Co.
2003 NY Slip Op 51326(U)
Decided on October 8, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, First Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on October 8, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570165/03

ANNETTE MEISELMAN, Plaintiff-Appellant,

against

MEYERS MOVING & STORAGE CO.,


[*2]C. MYERS MOVING CO., DANIEL KAPLAN, B. MONTEVERDI, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court, New York County, entered June 7, 2001 after a hearing (Carol Edmead, J.) which sustained the traverse and dismissed the complaint.


PER CURIAM:

Order dated June 7, 2001 (Carol Edmead, J.) affirmed, with $10 costs.

Plaintiff's summons was defective since it failed to identify the court where the action was brought (see, Meiselman v Myers Moving & Storage Co., 190 AD2d 571). The conflicting evidence at the traverse presented questions of credibility which the trial court satisfactorily resolved (Holtzer v Stepper, 268 AD2d 372).

This constitutes the decision and order of the court.