| Oswald v Silver & Gold 22 First R.E. Inc. |
| 2008 NY Slip Op 51515(U) [20 Misc 3d 135(A)] |
| Decided on July 21, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of
New York, New York County (Barbara Jaffe, J.), entered on or about December 6, 2006, after
trial, in favor of defendant dismissing the action.
Per Curiam.
Judgment (Barbara Jaffe, J.), entered on or about December 6, 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, 126 [2000], lv dismissed 95 NY2d 898 [2000]),
we sustain the dismissal after trial of plaintiff's action. Plaintiff failed to establish that the
underlying real estate contract was the product of fraudulent inducement or duress (see Duane
Thomas LLC v 62 Thomas Partners, 300 AD2d 52 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: July 21, 2008