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Ezell v. Hill

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50123 (N.Y. App. Term 2009)

Opinion

570604/08.

Decided January 28, 2009.

Judgment (Shlomo S. Hagler, J.), entered on or about May 1, 2008, affirmed, without costs.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Shlomo S. Hagler, J.) entered on or about May 1, 2008, after trial, in favor of defendants dismissing the action.

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


Applying the narrow standard of review governing appeals in small claims actions ( see CCA 1807), and giving due deference to the trial court's findings of fact and credibility ( see Williams v Roper, 269 AD2d 125, 126, lv dismissed 95 NY2d 898), we sustain the dismissal after trial of plaintiff's action. It was within the province of the trial court, as fact-finder, to discredit the unsubstantiated testimony offered by plaintiff in support of his conversion claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Ezell v. Hill

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50123 (N.Y. App. Term 2009)
Case details for

Ezell v. Hill

Case Details

Full title:JAMES EZELL, Plaintiff-Appellant, v. RONDU HILL and JILL BRISTOW…

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

Date published: Jan 28, 2009

Citations

2009 N.Y. Slip Op. 50123 (N.Y. App. Term 2009)