Mian v Rapid Park Indus., Inc.
2003 NY Slip Op 51453(U)
Decided on November 20, 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This opinion is uncorrected and will not be published in the Official Reports.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:
Courts—Small Claims

Decided on November 20, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570294/03

SHAHID MIAN, Plaintiff-Respondent,

against

RAPID PARK INDUSTRIES, INC.,


[*2] Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered October 19, 1999 after trial (Faviola A. Soto, J.) awarding plaintiff a recovery in the principal sum of $3,000, plus interest and disbursements.


PER CURIAM:

Judgment entered October 19, 1999 (Faviola A. Soto, J.) affirmed, without costs.

Plaintiff sued defendant for property damage to his 1997 Mercedes-Benz sustained between October 8 and 11, 1998 while it was parked in defendant's garage. Given our limited power of review in small claims cases (see, CCA 1807; Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898), we do not disturb the award in plaintiff's favor. The trial court could reasonably have credited plaintiff's testimony that his bailed vehicle had no pre-existing damage when he left his car at the garage and surrendered his keys to the garage attendant.

This constitutes the decision and order of the court.
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