| Morris v Nesbitt |
| 2006 NY Slip Op 50413(U) [11 Misc 3d 133(A)] |
| Decided on March 22, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Barbara Jaffe, J.), entered on or about August 24, 2004, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Barbara Jaffe, J.), entered on or about August 24, 2004, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The eviction, including plaintiff's own trial testimony, supports the court's fact-laden determination that plaintiff took possession of those items that she purchased in connection with the short-lived business venture and was previously compensated for any business-related expenses.
This constitutes the decision and order of the court.
Decision Date: March 22, 2006