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Boritz v. Source

Appellate Term of the Supreme Court of New York, First Department
Mar 20, 2009
2009 N.Y. Slip Op. 50479 (N.Y. App. Term 2009)

Opinion

570600/08.

Decided March 20, 2009.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered on or about April 14, 2008, after trial, in favor of plaintiff and awarding her damages in the principal sum of $5,000.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


Judgment (Geoffrey D. Wright, J,), entered on or about April 14, 2008, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1804, 1807) support the judgment in plaintiff's favor, there being ample support for the trial court's finding that defendant's representations were misleading and failed to adequately disclose the quality of the diamond at the time of the sale. Nor do we find any error in the conduct of the trial, and certainly none warranting appellate intervention under the narrow review standard here applicable ( see Ellis v Collegetown Plaza, LLC, 301 AD2d 758, 759).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Boritz v. Source

Appellate Term of the Supreme Court of New York, First Department
Mar 20, 2009
2009 N.Y. Slip Op. 50479 (N.Y. App. Term 2009)
Case details for

Boritz v. Source

Case Details

Full title:BARBARA COHEN BORITZ, Plaintiff-Respondent v. DIAMOND SOURCE…

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

Date published: Mar 20, 2009

Citations

2009 N.Y. Slip Op. 50479 (N.Y. App. Term 2009)