[*1]
Hynard v Hyer
2009 NY Slip Op 52130(U) [25 Misc 3d 131(A)]
Decided on October 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Shulman JJ
570349/09.

Paul O. Hynard, Plaintiff-

against

James J. Hyer, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered on or about October 22, 2008, after trial, in favor of defendant dismissing the action.


Per Curiam.

Judgment (Mitchell J. Danziger, J.), entered on or about October 22, 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 express findings of fact and credibility determinations (see Williams v Roper, 269 AD2d 125, 126-127 [2000], lv dismissed 95 NY2d 898 [2000]), we affirm the judgment issued in defendant's favor. Plaintiff failed to establish that he was entitled to a further refund of the retainer fee.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 21, 2009