COLOR TEX, INC v. SIMAI FABRICS

Full title: COLOR TEX, INC. Plaintiff-Appellant, v. SIMAI FABRICS, Defendant-Respondent

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

Date published: Feb 14, 2006

2006 N.Y. Slip Op. 50179 (N.Y. App. Term 2006)

814 N.Y.S.2d 889

Opinion

570404/05.

Decided February 14, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered on or about November 16, 2004, after trial, in favor of defendant dismissing the action.

Judgment (Jeffrey K. Oing, J.), entered on or about November 16, 2004, affirmed, without costs.

PRESENT: SUAREZ, P.J., McCOOE, GANGEL-JACOB, JJ

PER CURIAM:

The evidence, fairly interpreted, supports the trial court's determination that plaintiff failed to establish its claim for nonpayment of goods sold and delivered. The conflicting testimony as to whether the fabric delivered to defendant was defective presented questions of fact and credibility for resolution by the trial court. On this record and applying the narrow standard of review governing appeals in small claims action (CCA 1807), we find no basis to disturb the decision of the fact-finding court ( see Williams v. Roper, 269 AD2d 125, appeal dismissed 95 NY2d 898).

This constitutes the decision and order of the court.