Meiselman v. Meyers Moving Stor. Co.

Full title: ANNETTE MEISELMAN, Plaintiff-Appellant, v. MEYERS MOVING STORAGE CO., C…

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

Date published: Oct 8, 2003

2003 N.Y. Slip Op. 51326 (N.Y. App. Term 2003)

Opinion

570165/03.

Decided October 8, 2003.

Plaintiff appeals from an order of the Civil Court, New York County, entered June 7, 2001 after a hearing (Carol Edmead, J.) which sustained the traverse and dismissed the complaint.

Order dated June 7, 2001 (Carol Edmead, J.) affirmed, with $10 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

Plaintiff's summons was defective since it failed to identify the court where the action was brought (see, Meiselman v. Myers Moving Storage Co., 190 AD2d 571). The conflicting evidence at the traverse presented questions of credibility which the trial court satisfactorily resolved (Holtzer v. Stepper, 268 AD2d 372).

This constitutes the decision and order of the court.