From Casetext: Smarter Legal Research

Oswald v. Silver Gold 22 First R.E. Inc.

Appellate Term of the Supreme Court of New York, First Department
Jul 21, 2008
2008 N.Y. Slip Op. 51515 (N.Y. App. Term 2008)

Opinion

570692/07.

Decided July 21, 2008.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered on or about December 6, 2006, after trial, in favor of defendant dismissing the action.

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


Judgment (Barbara Jaffe, J.), entered on or about December 6, 2006, affirmed without costs.

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. Plaintiff failed to establish that the underlying real estate contract was the product of fraudulent inducement or duress ( see Duane Thomas LLC v 62 Thomas Partners, 300 AD2d 52).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur


Summaries of

Oswald v. Silver Gold 22 First R.E. Inc.

Appellate Term of the Supreme Court of New York, First Department
Jul 21, 2008
2008 N.Y. Slip Op. 51515 (N.Y. App. Term 2008)
Case details for

Oswald v. Silver Gold 22 First R.E. Inc.

Case Details

Full title:KADIE OSWALD, Plaintiff-Appellant, v. SILVER AND GOLD 22 FIRST R.E. INC.…

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

Date published: Jul 21, 2008

Citations

2008 N.Y. Slip Op. 51515 (N.Y. App. Term 2008)