| Color Tex, Inc. v Simai Fabrics |
| 2006 NY Slip Op 50179(U) [11 Misc 3d 126(A)] |
| Decided on February 14, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Jeffrey K. Oing, J.), entered on or about November 16, 2004, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Jeffrey K. Oing, J.), entered on or about November 16, 2004, affirmed, without costs.
The evidence, fairly interpreted, supports the trial court's determination that plaintiff failed to establish its claim for nonpayment of goods sold and delivered. The conflicting testimony as to whether the fabric delivered to defendant was defective presented questions of fact and credibility for resolution by the trial court. On this record and applying the narrow standard of review governing appeals in small claims action (CCA 1807), we find no basis to disturb the decision of the fact-finding court (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: February 14, 2006