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Morris v. Nesbitt

Appellate Term of the Supreme Court of New York, First Department
Mar 22, 2006
2006 N.Y. Slip Op. 50413 (N.Y. App. Term 2006)

Opinion

570194/05.

Decided March 22, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Barbara Jaffe, J.), entered on or about August 24, 2004, after trial, in favor of defendant dismissing the action.

Judgment (Barbara Jaffe, J.), entered on or about August 24, 2004, affirmed, without costs.

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ


Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express 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. The eviction, including plaintiff's own trial testimony, supports the court's fact-laden determination that plaintiff took possession of those items that she purchased in connection with the short-lived business venture and was previously compensated for any business-related expenses.

This constitutes the decision and order of the court.


Summaries of

Morris v. Nesbitt

Appellate Term of the Supreme Court of New York, First Department
Mar 22, 2006
2006 N.Y. Slip Op. 50413 (N.Y. App. Term 2006)
Case details for

Morris v. Nesbitt

Case Details

Full title:MICHELLE MORRIS, Plaintiff-Appellant, v. LESLIE NESBITT…

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

Date published: Mar 22, 2006

Citations

2006 N.Y. Slip Op. 50413 (N.Y. App. Term 2006)
816 N.Y.S.2d 697