| Scottland v Lowell/Edwards |
| 2007 NY Slip Op 50070(U) [14 Misc 3d 131(A)] |
| Decided on January 17, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, New York County (Matthew F. Cooper, J.), entered on or about April 19, 2006, after trial, in favor of defendant dismissing the action.
PER CURIAM
Judgment (Matthew F. Cooper, J.), entered on or about April 19, 2006, 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, lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The evidence, fairly
interpreted, supports the court's determination that the
wall unit purchased by plaintiff was not defective.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 17, 2007