Cooke v Fribbley
2003 NY Slip Op 51306(U)
Decided on August 7, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


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This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on August 7, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:WINICK, J.P., LIFSON and SKELOS, JJ.
NO. 2002-1012 N C

CHARLOTTE COOKE, Appellant,

against

TAYLOR FRIBBLEY and ROBIN ALEXANDER, Respondents. CHARLOTTE COOKE,


[*2]Appellant, -against - ARNOLD TAYLOR, Respondent.

Appeal by plaintiff from two small claims judgments of the City Court, City of Glen Cove, Nassau County (J. Meirowitz, J.), entered on February 22, 2002, which, after a joint trial, dismissed her claims.


On the court's own motion, appeals consolidated for purposes of disposition.

Judgments unanimously affirmed without costs.

Plaintiff brought two separate actions against three defendants based upon alleged damage to her property, which actions were jointly tried by the court below. Our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law" (UCCA 1807). There is nothing in the records herein to support the conclusion that the conduct of any of the defendants caused damage to plaintiff's property, or that "substantial justice" was not done. Furthermore, we find no [*3]basis for plaintiff's claim that she was denied an opportunity tO establish her case against defendant Taylor. Accordingly, the judgments appealed from should be affirmed.
Decision Date: August 07, 2003