| Playter v Bahamas Assn. |
| 2007 NY Slip Op 50327(U) [14 Misc 3d 140(A)] |
| Decided on March 1, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Eileen A. Rakower, J.), entered on or about February 9, 2006, after trial, in favor of defendant dismissing the action.
PER CURIAM
Judgment (Eileen A. Rakower, J.), entered on or about February 9, 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 findings of fact and credibility (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. There was no persuasive evidence showing that the water damage here complained of was caused by any negligence on the part of defendant, the adjacent landowner.
This constitutes the decision and order of the Court.
I concurI concurI concur
Decision Date: March 1, 2007