| Texiera v Sago |
| 2009 NY Slip Op 50829(U) [23 Misc 3d 136(A)] |
| Decided on April 29, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small
Claims Part of the Civil Court of the City of New York, Bronx County (Mitchell A.
Danziger, J.), entered August 21, 2008, after trial, awarding plaintiff damages in the principal
sum of $1,600, and dismissing defendant's counterclaim.
Per Curiam.
Judgment (Mitchell A. Danziger, J.), entered August 21, 2008, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions
(see CCA 1807), and giving due deference to the trial court's findings of fact and
credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95
NY2d 898 [2000]), we sustain the judgment issued in plaintiff's favor. It was within the province
of the trial court, as fact-finder, to credit plaintiff's testimony and discredit defendant's version of
events, including her account that the hot tub that she admittedly
removed from the storage facility was intended by plaintiff to be a gift.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 29, 2009