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Capers v. Phillips

Appellate Term of the Supreme Court of New York, First Department
Jun 10, 2011
2011 N.Y. Slip Op. 51074 (N.Y. App. Term 2011)

Opinion

570079/11.

Decided June 10, 2011.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered on or about September 30, 2010, after trial, in favor of plaintiff and awarding her damages in the principal sum of $2,500.

Judgment (Mitchell J. Danziger, J.), entered on or about September 30, 2010, affirmed, without costs.

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.


The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor in this small claims action ( see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126, lv dismissed 95 NY2d 898). The evidence, fairly interpreted, supports the trial court's express finding that the check issued by plaintiff represented a loan that defendant failed to repay. The record discloses no evidentiary error, and clearly none warranting reversal, under the narrow review standard governing here ( see CCA 1807; see generally Ellis v Collegetown Plaza, LLC., 301 AD2d 758).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur


Summaries of

Capers v. Phillips

Appellate Term of the Supreme Court of New York, First Department
Jun 10, 2011
2011 N.Y. Slip Op. 51074 (N.Y. App. Term 2011)
Case details for

Capers v. Phillips

Case Details

Full title:EVONNE CAPERS, Plaintiff-Respondent, v. GREGORY ANTHONY PHILLIPS…

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

Date published: Jun 10, 2011

Citations

2011 N.Y. Slip Op. 51074 (N.Y. App. Term 2011)