Opinion
2003-805 NC.
Decided March 30, 2004.
Appeal by defendant from a small claims judgment of the District Court, Nassau County (H. Miller, J.), rendered March 13, 2002, in favor of plaintiff in the sum of $2,500.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
In this small claims action, plaintiff presented evidence establishing that his bank account was wrongfully restrained by defendant and which demonstrated plaintiff's financial losses as a result of the wrongful restraint. The court was entitled to credit this evidence ( see Jones v. Hart, 233 AD2d 297). The defendant produced no evidence beyond speculation. Furthermore, bank records supported plaintiffs contention that his accounts had indeed been restrained, despite defendant's protestations that they were not.