[*1]
Ghilduta v Richie
2004 NY Slip Op 51401(U)
Decided on November 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570299/04

IOAN GHILDUTA, Plaintiff-Appellant,

against

UKAJ RICHIE, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about August 27, 2003, after trial (Cynthia S. Kern, J.) in favor of defendant dismissing the action.


PER CURIAM:

Judgment entered on or about August 27, 2003 (Cynthia S. Kern, J.) affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv denied 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The evidence, fairly interpreted, supports the court's fact-laden determinations that the holiday "bonus" money sued for was "actually turned over to the plaintiff" and that defendant had no authority to disburse any monetary gifts separately held in the "building fund".

This constitutes the decision and order of the court.
Decision Date: November 17, 2004