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Waters v Grace Church in N.Y.
2008 NY Slip Op 50358(U) [18 Misc 3d 140(A)]
Decided on February 26, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 26, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ

570432/07.

Paul Waters, Plaintiff-Appellant,

against

Grace Church in New York, Donald Waring, Mark Sisk, Episcopal Diocese of New York, Defendants-Respondents.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered September 6, 2006, after trial, in favor of defendants dismissing the action.


Per Curiam.

Judgment (Joan M. Kenney, J.), entered September 6, 2006, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1804, 1807), support the dismissal after trial of this small claims action, plaintiff having failed to present any competent evidence to support his claim for damages and legal costs incurred as a result of defendants' alleged tortious conduct. Any errors that may have occurred in the conduct of the trial do not warrant appellate intervention under the narrow review standard here applicable (see Ellis v Collegetown Plaza, LLC, 301 AD2d 758, 759 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 26, 2008