Price v. RS Strauss Discount Auto

Full title: RICARDO A. PRICE, Plaintiff-Appellant, v. RS STRAUSS DISCOUNT AUTO…

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

Date published: Jan 10, 2006

2006 N.Y. Slip Op. 50032 (N.Y. App. Term 2006)

814 N.Y.S.2d 564

Opinion

570504/04.

Decided January 10, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered March 28, 2005, after trial, in favor of defendant dismissing the action.

Judgment (Francis M. Alessandro, J.), entered March 28, 2005, affirmed, without costs.

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

PER CURIAM:

The record supports a finding that plaintiff authorized the automotive repairs that were performed by defendant. Findings of fact which rest in large measure on the credibility of witnesses should not be disturbed on appeal, particularly given the limited standard of review applicable to judgments rendered in the Small Claims Part ( see Williams v. Roper, 269 AD2d 125, appeal dismissed 95 NY2d 898).

This constitutes the decision and order of the court.