[*1]
Bonaros v Halpin
2005 NY Slip Op 51936(U) [10 Misc 3d 130(A)]
Decided on November 29, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: February 2005 Term Suarez, P.J., Davis, Gangel-Jacob, JJ.


Teddy E. Bonaros, NY County Clerk's No. 570708/04 Plaintiff-Appellant, Calendar No. 05-032

against

Christine Halpin, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, (Jeffrey K. Oing, J.), entered on or about May 11, 2004, after trial, in favor of defendant dismissing the action.


PER CURIAM:

Judgment entered on or about May ll, 2004 (Jeffrey K. Oing, J.), affirmed, without costs.

The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The trial court could reasonably credit defendant's testimony that she did not open the package addressed to plaintiff at plaintiff's former employment address and that she returned the package to UPS for re-delivery. Plaintiff's "new evidence" concerning this eight-year old incident could have been discovered previously by the exercise of due diligence and is not properly considered on appeal.

This constitutes the decision and order of the court.

Decision Date: November 29, 2005