| Marrero v Yearwood |
| 2005 NY Slip Op 52143(U) [10 Misc 3d 137(A)] |
| Decided on December 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Donna Recant, J.), entered December 8, 2004 after trial, in favor of plaintiff, awarding her damages in the sum of $1,964.77 and dismissing defendant's counterclaim.
PER CURIAM:
Judgment (Donna Recant, J.), entered December 8, 2004, affirmed, without costs.
In this small claims action seeking to recover damages for medical expenses and lost wages following an assault on plaintiff by defendant, the trial court's resolution of the fact and credibility issues in favor of plaintiff should not be disturbed (see Williams v. Roper, 269 AD2d 125 [2000], appeal dismissed 95 NY2d 898 [2000]). The record supports a finding that plaintiff was damaged in the amount claimed and defendant failed to submit proof to support an award of damages on her counterclaim. Accordingly, we are satisfied that substantial justice between the parties was achieved (CCA 1807).
This constitutes the decision and order of the court.
Decision Date: December 23, 2005