| JD Sports, Inc. v D'Amico |
| 2008 NY Slip Op 50700(U) [19 Misc 3d 134(A)] |
| Decided on March 25, 2008 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Suffolk County, Third District (C. Steven
Hackeling, J.), entered August 22, 2006. The judgment, after a nonjury trial, awarded plaintiff the
principal sum of $400.
Judgment affirmed without costs.
In this commercial claims action, the testimony adduced at trial established that defendant entered into an oral agreement with plaintiff whereby defendant was to pay $100 per player on his team as a registration fee which would allow defendant's team to participate in the league for the season.The standard of review on appeal of a commercial claims judgment is whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A). The decision of a fact-finding court should not be disturbed on appeal unless it is obvious that its conclusion could not be reached under any fair interpretation of the evidence, particularly when the findings of fact rest in large measure on considerations relating to the credibility of witnesses. This principle "applies with greater force" to judgments rendered in the Commercial Claims Part given the limited scope of review (see UDCA 1807-A; Williams v Roper, 269 AD2d 125, 126 [2000]; P.E.S. Elec. Servs., Inc. v Leffler, 16 Misc 3d 128[A], 2007 NY Slip Op 51269[U] [App Term, 9th & 10th Jud Dists 2007]).
Upon a review of the record, we are of the opinion that the court below properly found that plaintiff was entitled to recover the total sum of $400 from defendant for the league registration fee based on the four players that defendant provided. Accordingly, the judgment is affirmed.
Rudolph, P.J., Molia and Scheinkman, JJ., concur.
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Decision Date: March 25, 2008