| Paton v Bostwick |
| 2008 NY Slip Op 52211(U) [21 Misc 3d 135(A)] [21 Misc 3d 135(A)] |
| Decided on October 30, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Kings County (Kathy J.
King, J.), entered May 7, 2007. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action brought by plaintiff to recover money allegedly loaned
to defendant, we find that the trial court properly rendered its judgment providing the parties with
substantial justice according to the rules and principles of substantive law (CCA 1804, 1807;
see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125,
126 [2000]).
The decision of the fact-finding court should not be disturbed on appeal unless it is
obvious that the court's conclusions could not be reached under any fair interpretation of the
evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies
with greater force to judgments rendered in the Small Claims Part of the court (see Williams
v Roper, 269 AD2d at 126).
[*2]
Since the record amply supports the trial court's
conclusions, we find no reason to disturb the judgment.
Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: October 30, 2008