Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered February 9, 2005. The judgment, after a nonjury trial, dismissed the complaint.

Judgment affirmed without costs.

Upon a review of the record, we find no basis to disturb the lower court's finding that plaintiff failed to make out his cause of action of conversion of personal property against defendant (see Wright v Connor, 228 AD2d 493 [1996]; Meese v Miller, 79 AD2d 237, 242-243 [1981]). Plaintiff presented no evidence beyond his bare assertion that he owned property that defendant had wrongfully taken. Although his claim was that defendant had stolen all of his personal property, which he valued at $15,000, plaintiff could name only a briefcase, a camera of unstated make and $1,200 in cash, despite repeated inquiries by the court. Plaintiff could not produce any evidence beyond this as to the identity or value of the items or the circumstances of their loss. In any event, he failed to establish that defendant, as opposed to some third party, had taken the property. In addition to the lack of evidence in support of plaintiff's claim, the record indicates that the court, as trier of fact, did not find plaintiff's testimony credible (see Wright v Connor, 228 AD2d 493, supra).

Pesce, P.J., Weston Patterson and Rios, JJ., concur. [*2]
Decision Date: March 27, 2006