| Boritz v Diamond Source |
| 2009 NY Slip Op 50479(U) [22 Misc 3d 142(A)] |
| Decided on March 20, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through April 6, 2009; it will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City
of New York, New York County (Geoffrey D. Wright, J.), entered on or about April 14, 2008,
after trial, in favor of plaintiff and awarding her damages in the principal sum of $5,000.
Per Curiam.
Judgment (Geoffrey D. Wright, J,), entered on or about April 14, 2008, affirmed, without costs.
The record and the ends of "substantial justice" (CCA 1804, 1807) support the judgment in
plaintiff's favor, there being ample support for the trial court's finding that defendant's
representations were misleading and failed to adequately disclose the quality of the diamond at
the time of the sale. Nor do we find any error in the conduct of the trial, and certainly none
warranting 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: March 20, 2009