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Carol v ASPCA
2006 NY Slip Op 50085(U) [10 Misc 3d 142(A)]
Decided on January 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570822/05.

Viola Carol, No. Plaintiff-Appellant,

against

ASPCA, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Cynthia S. Kern, J.), entered on or about January 25, 2005, after trial, in favor of defendant dismissing the action.


PER CURIAM
Judgment (Cynthia S. Kern, J.), entered on or about January 25, 2005, affirmed, without costs.

We find no basis to disturb the court's determination that plaintiff's claim was barred by the statute of limitations, and that in any event, she failed to prove that the veterinary services performed by defendant were improper. The dismissal after trial
achieved substantial justice in accordance with the
rules and principles of substantive law (CCA 1804, 1807). This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: January 25, 2006