Plaintiff appeals from so much of a judgment of the Civil Court of the City of New York, New York County (Raul Cruz, J.), entered September 11, 2006, after a nonjury trial, as limited her recovery to the principal sum of $500.

Per Curiam.

Judgment (Raul Cruz, J.), entered September 11, 2006, affirmed, without costs.

In this action to recover under an oral loan agreement, the court properly limited plaintiff's recovery to the $500 defendant concededly owed, inasmuch as plaintiff failed to produce any competent evidence establishing the amount of the loan allegedly advanced to defendant. The unsigned, undated, handwritten schedule proffered by plaintiff, allegedly prepared by defendant to itemize the amount of the loan and payments, was of little, if any, probative value, particularly where defendant credibly testified that she had never seen the document before and did not create it. We find no basis to disturb the trial court's assessment of the credibility of witnesses (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 31, 2008