| Perez v Price Link Inc. |
| 2016 NY Slip Op 50054(U) [50 Misc 3d 135(A)] |
| Decided on January 19, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Donald A. Miles, J.), entered on or about July 24, 2014, after trial, in favor of defendant dismissing the action.
Per Curiam.
Judgment (Donald A. Miles, J.), entered on or about July 24, 2014, affirmed, without costs.
Plaintiff brought this small claims action alleging that a box spring and mattress sold by defendant was the cause of a bedbug infestation in plaintiff's apartment. Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we affirm the dismissal after trial of plaintiff's action. The record supports the conclusion that plaintiff failed to establish any "causal connection" between any act or omission by defendant, and the infestation.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.