| Carol v West Chelsea Veterinary Hosp. |
| 2006 NY Slip Op 50080(U) [10 Misc 3d 142(A)] |
| Decided on January 24, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Manuel J. Mendez, J.), entered on or about February 8, 2005, after trial, in favor of defendant dismissing the action.
PER CURIAM
Judgment (Manuel J. Mendez, J.), entered on or about February 8, 2005, affirmed, without costs.
Plaintiff seeks a refund of fees paid to defendant for veterinary services, claiming that the services rendered were unnecessary. The dismissal after trial achieved substantial justice in accordance with the rules and principles of substantive law (CCA 1804, 1807). There is no basis to disturb the court's determination which rests in large measure on considerations relating to the credibility of witnesses (see Williams v. Roper, 269 AD2d 125 [2000], appeal dismissed 95 NY2d 898 [2000]).
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: January 24, 2006