Defendants appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered on or about October 3, 2011, after trial, in favor of plaintiff and awarding him damages in the principal sum of $5,000.

Per Curiam.

Judgment (Andrea Masley, J.), entered on or about October 3, 2011, affirmed, without costs, for the reasons stated by Andrea Masley, J. at Civil Court.

The trial court's resolution of the liability aspect of this small claims action in favor of plaintiff represents a fair interpretation of the evidence (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), and is not disturbed. As the trial court properly recognized, a bailment relationship was created in the circumstances here present, and defendant, as bailee, failed to overcome the presumption of liability that arose upon its failure to return plaintiff's property (see Pivar v Graduate School of Figurative Art of NY Academy of Art, 290 AD2d 212 [2002]). Plaintiff's unrefuted testimony was sufficient to establish the "real value" of the missing items measured by their original purchase price, without a deduction for depreciation (see Conboy v Studio 54, 113 Misc 2d 403, 406—407 [1982, Saxe, J.]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 14, 2012