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Primiani v. Lucido

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Aug 20, 2014
44 Misc. 3d 142 (N.Y. App. Term 2014)

Opinion

No. 2013–319RIC.

2014-08-20

Frank R. PRIMIANI, Respondent, v. Daniel LUCIDO, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered October 16, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.
Present: PESCE, P.J., ALIOTTA and SOLOMON, JJ.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $5,000 for personal injuries he sustained as a result of defendant having punched him in the face, causing injury to plaintiff's eyes and resulting in plaintiff receiving 22 stitches at a hospital. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $5,000. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law ( see CCA 1804, 1807; Ross v. Friedman, 269 A.D.2d 584 [2000]; Williams v. Roper, 269 A.D.2d 125, 126 [2000] ).

The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 A.D.2d 544 [1990] ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v. Roper, 269 A.D.2d at 126). Under the circumstances presented, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


Summaries of

Primiani v. Lucido

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Aug 20, 2014
44 Misc. 3d 142 (N.Y. App. Term 2014)
Case details for

Primiani v. Lucido

Case Details

Full title:Frank R. PRIMIANI, Respondent, v. Daniel LUCIDO, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Aug 20, 2014

Citations

44 Misc. 3d 142 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 51320
998 N.Y.S.2d 308

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