| Rivas v Himalayan Intl. Tours |
| 2006 NY Slip Op 50153(U) [10 Misc 3d 146(A)] |
| Decided on February 6, 2006 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Sylvia Hinds-Radix, J.), entered September 18, 2003. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action seeking to recover damages for allegedly improperly- issued airline tickets, it is our opinion that substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1807). An appellate court may not reverse a determination of the small claims court, absent a showing that there is no support in the record for the court's conclusions or that they are otherwise so clearly erroneous as to deny substantial justice (see Forte v Bielecki, 118 AD2d 620 [1986]). In the case at bar, it cannot be said that the court's resolution of
the issues before it were so clearly erroneous as to warrant reversal (see Moses v Randolph, 236 AD2d 706 [1997]).
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 06, 2006