Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Irving Rosen, JHO), entered November 26, 2010, after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $2,050.

Per Curiam.

Judgment (Irving Rosen, JHO), entered November 26, 2010, reversed, with $30 costs, and judgment directed in favor of defendant dismissing the complaint.

Pursuant to the parties' written contract, plaintiff utilized defendant's money transfer service to send $2,000 to a relative in Nigeria. Plaintiff testified that after signing the contract and paying defendant $2,000 plus a transfer fee, she telephoned the intended recipient of the funds, her sister-in-law, non-party Ogechi Irobunda Ogbuekiri ("Ogechi"), and informed her of the impending wire transfer. Plaintiff also furnished Ogechi with the "control number" of the transaction, as well as a "Test Question" and answer that were set forth in the contract for security and identification purposes.

The within action, seeking damages for defendant's "failure to provide proper services ... monies due; breach of contract or warranty," stems from plaintiff's allegations that defendant paid out the transfer to the wrong person. After trial, Civil Court awarded judgment to plaintiff, finding that "due to negligence, [the money transfer was] misdirected and not paid to plaintiff's sister-in-law, but was paid to someone in Lagos[,] Nigeria whose signature did not match, on the receipt, that of the sister-in-law, nor did the phone number."

Based upon the evidence adduced at trial and in the exercise of our authority to render the judgment warranted by the facts (see Northern Westchester Professional Park Assocs. v Town of Bedford, 60 NY2d 492, 499 [1983]), we conclude that plaintiff failed to establish by competent evidence any basis to impose liability upon defendant for the alleged improper disbursement of the wired funds. Defendant established, and it is not seriously disputed, that it disbursed the funds to an individual who presented herself at one of defendant's offices in Nigeria, identified [*2]herself as Ogechi and provided both a driver's license to confirm her identity, as well as the specified control number for the transaction. This individual was also able to identify the amount of the transfer, the name of the sender, and the answer to the "Test Question." On these facts, no actionable wrongdoing on defendant's part was shown. That the money was paid in Lagos, Nigeria, rather than Ogechi's hometown was not determinative, since the contract provided that the funds may be paid out at "any Agent location in the destination country identified by the customer." Nor was defendant required to verify Ogechi's signature, phone number or address, since this was not required by the contract and, in any event, plaintiff had not furnished that information to defendant.

We note, too, that the court erred in finding that defendant acted negligently, since plaintiff failed to establish the violation of any legal duty independent from the governing contract (see Clark—Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382, 389 [1987]).

Accordingly, even when "due regard" is given to the views of the Trial Judge (see Carmine Ltd. v Gordon, 41 AD3d 196, 199 [2007]), we believe that, under any fair interpretation of the record, plaintiff failed to establish that defendant breached the contract between the parties, or any attendant duty owed to her.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.