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Beckford v Milano Furniture Warehouse, Inc.
2021 NY Slip Op 50427(U) [71 Misc 3d 136(A)]
Decided on May 14, 2021
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 14, 2021
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Higgitt J.P., Brigantti, Hagler, JJ.
570584/19

Susan Beckford, Plaintiff-Appellant,

against

Milano Furniture Warehouse, Inc., Defendant-Respondent.


Plaintiff appeals from an amended judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Lyle E. Frank, J.), entered December 5, 2019, after trial, in favor of defendant dismissing the action.

Per Curiam.

Amended judgment (Lyle E. Frank, J.), entered December 5, 2019, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice" has not been done between the parties according to the rules and principles of substantive law (CCA 1807). Applying this narrow standard of review, and giving due deference to the trial court's express findings of fact and negative assessment of plaintiff's credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the judgment of the trial court dismissing plaintiff's claim. The evidence, fairly interpreted, supports the finding that the furniture sold by defendant was not defective, nor too large to fit through the doorway of plaintiff's apartment. Nor was plaintiff entitled to a refund when she refused delivery of some of the items, given defendant's disclosed no-return policy. Plaintiff's remaining contentions are without merit, or involve matters dehors the record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: May 14, 2021