| Goldstein v Randee Elaine SPA & Laser Ctr. |
| 2011 NY Slip Op 51889(U) [33 Misc 3d 131(A)] |
| Decided on October 18, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of
New York, New York County (Manuel J. Mendez, J.), dated August 11, 2010, which denied her
motion to vacate a judgment of dismissal after a nonjury trial, in an action to recover damages for
personal injuries.
Per Curiam.
Order (Manuel J. Mendez, J.), dated August 11, 2010, affirmed, without costs.
No basis was shown to vacate the (unappealed) judgment in favor of the defendant after trial
in this small claim action (see generally Williams v Roper, 269 AD2d 125, 126 [2000];
Forte v Bielecki, 118 AD2d 620 [1986]). To the extent that plaintiff's posttrial motion
sought to challenge evidentiary rulings, "alleged errors in the presentation of evidence or
pleadings are not reviewable upon this appeal as they are not a basis for reversal of a judgment"
(Blair v Five Points Shopping Plaza, Inc., 51 AD2d 167, 169 [1976]; see Brooks v
Angelo's Cleaners, 103 AD2d 923 [1984]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 18, 2011