[*1]
Avgush v Trio Towing & Collision
2004 NY Slip Op 50422(U)
Decided on May 11, 2004
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 11, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570593/03

RACHEL AVGUSH, Plaintiff-Appellant,

against

TRIO TOWING & COLLISION, INC., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County, entered December 16, 2002 (Robert Sackett, J.) dismissing the action.


PER CURIAM:

Judgment entered December 16, 2002 (Robert Sackett, J.) affirmed, without costs.

We sustain the dismissal after trial of this small claims action, plaintiff having failed to demonstrate that her vehicle sustained property damage as a result of being towed by defendant or while subsequently parked overnight at defendant's outdoor yard. There is no basis to substitute our judgment for that of the trial court in resolving the fact and credibility issues here presented (CCA 1807; Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898).

This constitutes the decision and order of the court.