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Price v R&S Strauss Discount Auto
2006 NY Slip Op 50032(U) [10 Misc 3d 140(A)]
Decided on January 10, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 10, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ
570504/04.

Ricardo A. Price, Plaintiff-Appellant, No.

against

R&S Strauss Discount Auto, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered March 28, 2005, after trial, in favor of defendant dismissing the action.


PER CURIAM:
Judgment (Francis M. Alessandro, J.), entered March 28, 2005, affirmed, without costs.

The record supports a finding that plaintiff authorized the automotive repairs that were performed by defendant. Findings of fact which rest in large measure on the credibility of witnesses should not be disturbed on appeal, particularly given the limited standard of review applicable to judgments rendered in the Small Claims Part (see Williams v. Roper, 269 AD2d 125 [2000], appeal dismissed 95 NY2d 898 [2000]).

This constitutes the decision and order of the court.
Decision Date: January 10, 2006