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Prowse v. Kent Waterfront Bldrs., L.L.C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 28, 2007
2007 N.Y. Slip Op. 52462 (N.Y. App. Term 2007)

Opinion

2007-307 Q C.

Decided on December 28, 2007.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered July 24, 2006. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


In this small claims action, plaintiff seeks to recover pay for two weeks of work. After trial, the court dismissed the claim and this appeal ensued.

In a bench trial, particularly in the Small Claims Part of the court, "the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses" ( Williams v Roper, 269 AD2d 125, 126; Claridge Gardens v Menotti, 160 AD2d 544). Under the circumstances presented, substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1804, 1807). Accordingly, we find no basis to disturb the judgment of the court below.

Pesce, P.J., Golia and Rios, JJ., concur.


Summaries of

Prowse v. Kent Waterfront Bldrs., L.L.C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 28, 2007
2007 N.Y. Slip Op. 52462 (N.Y. App. Term 2007)
Case details for

Prowse v. Kent Waterfront Bldrs., L.L.C.

Case Details

Full title:HECTOR PROWSE, Appellant, v. KENT WATERFRONT BUILDERS, L.L.C., Respondent

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

Date published: Dec 28, 2007

Citations

2007 N.Y. Slip Op. 52462 (N.Y. App. Term 2007)