| Weltz v J.A.S.A. Senior Ctr. |
| 2013 NY Slip Op 50267(U) [38 Misc 3d 144(A)] |
| Decided on February 21, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the Small Claims Part of the Civil Court of the
City of New York, Bronx County (Raul Cruz, J.), entered on or about January 25, 2012,
after trial, in favor of defendant dismissing the action.
Per Curiam.
Judgment (Raul Cruz, J.), entered on or about January 25, 2012, affirmed, without costs.
The record and the ends of "substantial justice" (see CCA 1804, 1807) support the dismissal after trial of this small claims action. Based upon the evidence as a whole, and in view of plaintiff's substantial delay in reporting the incident and seeking dental treatment for his claimed tooth fracture, the court reasonably could have found that there was no causal connection between plaintiff's injury, if any, and the chicken bone said to have been present in the chicken salad prepared by defendant. An independent basis for affirmance lies in the plaintiff's failure to present competent evidence of his damages.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 21, 2013