Little v. 233 St. Check Cashing Corp.

Full title: IRVING LITTLE, Plaintiff-Appellant, v. 233 ST. CHECK CASHING CORP., D/B/A…

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

Date published: Jan 5, 2006

2006 N.Y. Slip Op. 50014 (N.Y. App. Term 2006)

814 N.Y.S.2d 562

Opinion

570264/05.

Decided January 5, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered on or about May 18, 2004, after trial, in favor of defendant dismissing the action.

Judgment (Julia I. Rodriguez, J.), entered on or about May 18, 2004, affirmed, without costs.

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ

PER CURIAM:

Plaintiff alleges that he tendered $950 in cash to defendant for the purchase of a money order in that amount, but only received a $95 money order in return. Applying the narrow standard of review governing appeals in Small Claims cases (CCA 1807), we find nobasis to disturb the trial court's fact-laden determinations that defendant's records demonstrated that the amount of cash defendant received on the date in question corresponded to the value of money orders it issued, and that plaintiff failed to establish that he tendered $950, rather than $95 to defendant. We are satisfied that dismissal of the action achieved substantial justice(CCA 1804, 1807).

This constitutes the decision and order of the court.