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Richards v. Ernst

Appellate Term of the Supreme Court of New York, Second Department
Oct 2, 2003
2003 N.Y. Slip Op. 51421 (N.Y. App. Term 2003)

Opinion

2002-1387 K C, 2002-1388 K C, 2002-1389 K C, 2002-1390 K C.

Decided October 2, 2003.

Appeals by plaintiff from (1) a judgment of the Civil Court, Kings County (G. Wright, J.), entered August 6, 2002, after trial, in favor of defendant Pierre Louis Ernst in the sum of $300; (2) a judgment of the same court, entered August 6, 2002, after trial, in favor of defendant Tanisha Richards in the sum of $300; (3) a judgment of the same court, entered August 6, 2002, after trial, in favor of defendant Gilbert Richards, Jr. in the sum of $300; and (4) a judgment of the same court, entered April 9, 2003, after trial, in favor of defendant Beverly Richards in the sum of $300.

On the Court's own motion, the appeals are consolidated for purposes of disposition.

Judgments unanimously affirmed without costs.

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.


In these actions, plaintiff asserted numerous causes of action against his landlord, daughter, wife and son, respectively, alleging various wrongs perpetrated by them upon him. Plaintiff's contention on appeal that judgment should have been awarded in his favor in each action is based upon his belief that he was more credible than each defendant and upon evidence which is dehors the record. To the extent his arguments are based upon facts which are dehors the record, we do not consider them inasmuch as such facts are not properly before us ( see Matter of Suffolk Regional Off Track Betting Corp v. Local 517S, 270 AD2d 351, 352; Carhuff v. Barnett's Bake Shop, 54 AD2d 969). Based upon our review of the records on appeal and "giving due consideration to the trial court's advantage of seeing and hearing the trial testimony first hand" ( Marren v. State of New York, 142 AD2d 717, 718-719 [citations omitted]), we hold that the court's findings are supported by credible evidence.


Summaries of

Richards v. Ernst

Appellate Term of the Supreme Court of New York, Second Department
Oct 2, 2003
2003 N.Y. Slip Op. 51421 (N.Y. App. Term 2003)
Case details for

Richards v. Ernst

Case Details

Full title:GILBERT RICHARDS, Appellant, v. PIERRE LOUIS ERNST, Respondent. GILBERT…

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

Date published: Oct 2, 2003

Citations

2003 N.Y. Slip Op. 51421 (N.Y. App. Term 2003)