| Dawson v Easy Prey, LLC |
| 2006 NY Slip Op 50253(U) [11 Misc 3d 128(A)] |
| Decided on February 27, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Matthew F. Cooper, J.), entered on or about June 17, 2005, after trial, in favor of plaintiff and awarding him damages in the sum of $3,617.
PER CURIAM:
Judgment (Matthew F. Cooper, J.), entered on or about June 17, 2005, affirmed, without costs.
In this action seeking unpaid wages, the trial record supports a finding that defendant employed plaintiff as a sound engineer and tour manager for a European band tour. The trial court's resolution of
the credibility issues in favor of plaintiff
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]). In the absence of common questions of law and fact (see Abrams v. Port Authority Trans-Hudson Corp., 1 AD3d 118 [2003]), the court properly declined to stay the small claims action in anticipation of a proposed consolidation motion in a pending Supreme Court action.
This constitutes the decision and order of the court.
Decision Date: February 27, 2006