From Casetext: Smarter Legal Research

Ash v. McAllister

Appellate Term of the Supreme Court of New York, First Department
Mar 11, 2010
2010 N.Y. Slip Op. 50388 (N.Y. App. Term 2010)

Opinion

570823/09.

Decided March 11, 2010.

Plaintiff, as limited by his brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about August 12, 2009, after trial, which limited his recovery of damages to the principal sum of $650.

Judgment (Jeffrey K. Oing, J.), entered on or about August 12, 2009, affirmed, without costs.

PRESENT: McKEON, P.J., SHULMAN, HUNTER, JJ.


The amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. The court's determination to award plaintiff only a portion of the monies allegedly converted by defendant — a decision based in large measure upon the court's credibility determinations — is amply supported by the record evidence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Ash v. McAllister

Appellate Term of the Supreme Court of New York, First Department
Mar 11, 2010
2010 N.Y. Slip Op. 50388 (N.Y. App. Term 2010)
Case details for

Ash v. McAllister

Case Details

Full title:ALAN A. ASH, v. SYLVINA McALLISTER, Defendant-Respondent

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 11, 2010

Citations

2010 N.Y. Slip Op. 50388 (N.Y. App. Term 2010)
907 N.Y.S.2d 435