Opinion
570672/05.
Decided December 23, 2005.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Donna Recant, J.), entered December 8, 2004 after trial, in favor of plaintiff, awarding her damages in the sum of $1,964.77 and dismissing defendant's counterclaim.
Judgment (Donna Recant, J.), entered December 8, 2004, affirmed, without costs.
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
In this small claims action seeking to recover damages for medical expenses and lost wages following an assault on plaintiff by defendant, the trial court's resolution of the fact and credibility issues in favor of plaintiff should not be disturbed ( see Williams v. Roper, 269 AD2d 125, appeal dismissed 95 NY2d 898). The record supports a finding that plaintiff was damaged in the amount claimed and defendant failed to submit proof to support an award of damages on her counterclaim. Accordingly, we are satisfied that substantial justice between the parties was achieved (CCA 1807).
This constitutes the decision and order of the court.