[*1]
Christianson v Law Offs. of Regina L. Darby
2009 NY Slip Op 52585(U) [25 Misc 3d 144(A)]
Decided on December 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, J.
570664/09

Amy L. Christianson, Plaintiff-Appellant,

against

Law Offices of Regina L. Darby, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims


Part of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about April 30, 2009, after trial, in favor of defendant dismissing the action.
Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about April 30, 2009, affirmed, without costs.

Applying the narrow review standard in this small claims action (see CCA 1807), and giving due deference to the trial court's findings of fact and credibility determinations (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. The evidence, fairly interpreted, supports the trial court's finding that no enforceable account stated existed between the parties. Contrary to the assertion of plaintiff, the record does not reveal any evidence of bias on the part of the trial court.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: December 21, 2009