Opinion
2013-04-26
Gilberto Agudo MARTINEZ, Plaintiff–Appellant, v. April M. REMBERT, Defendant–Respondent.
Appeal from an order of the Monroe County Court (John Lewis DeMarco, J.), entered December 22, 2011. The order affirmed a judgment of the Rochester City Court. Gilberto Agudo Martinez, Plaintiff–Appellant Pro Se. Hiscock & Barclay, LLP, Rochester (Mark T. Whitford, Jr., of Counsel), for Defendant–Respondent.
Appeal from an order of the Monroe County Court (John Lewis DeMarco, J.), entered December 22, 2011. The order affirmed a judgment of the Rochester City Court.
Gilberto Agudo Martinez, Plaintiff–Appellant Pro Se. Hiscock & Barclay, LLP, Rochester (Mark T. Whitford, Jr., of Counsel), for Defendant–Respondent.
MEMORANDUM:
Plaintiff appeals from an order affirming City Court's judgment in favor of defendant in this small claims action. The record establishes that plaintiff and defendant gave different versions of the automobile accident, raising a credibility issue for the factfinder to resolve ( see generally Williams v. Roper, 269 A.D.2d 125, 126–127, 703 N.Y.S.2d 77,lv. dismissed95 N.Y.2d 898, 716 N.Y.S.2d 37, 739 N.E.2d 293;Moses v. Randolph, 236 A.D.2d 706, 707, 653 N.Y.S.2d 214). We affirm the order, inasmuch as we agree with County Court that “substantial justice has ... been done between the parties according to the rules and principles of substantive law” (UCCA 1807; see Mead Home Improvement, Inc. v. Goldstein, 56 A.D.3d 1179, 1179, 866 N.Y.S.2d 889). Contrary to plaintiff's further contention, there is no indication that City Court was biased against him ( see Makas v. Every, 224 A.D.2d 793, 794, 638 N.Y.S.2d 178,appeal dismissed88 N.Y.2d 867, 644 N.Y.S.2d 685, 667 N.E.2d 336).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.