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Rodriguez v. Morales

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Apr 18, 2013
39 Misc. 3d 138 (N.Y. App. Div. 2013)

Opinion

No. 570106/13.

2013-04-18

Sakima RODRIGUEZ, Plaintiff–Appellant, v. Gladys MORALES, Defendant–Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J .), entered on or about August 16, 2012, after trial, in favor of defendant dismissing the action.
Present: SCHOENFELD, J.P., HUNTER, JR., TORRES JJ.

PER CURIAM.

Judgment (Fernando Tapia, J.), entered on or about August 16, 2012, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice has not been done between the parties according to the rules and principles of substantive law” (CCA 1807; see Williams v. Roper, 269 A.D.2d 125 [2000],lv dismissed95 N.Y.2d 898 [2000] ). Applying that limited review standard here, and given the amorphous and unsubstantiated testimony offered by plaintiff as to the existence, purpose and form of the “loans” that he allegedly extended to defendant, we find no basis to substitute our judgment for that of the trial court in dismissing the action.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Rodriguez v. Morales

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Apr 18, 2013
39 Misc. 3d 138 (N.Y. App. Div. 2013)
Case details for

Rodriguez v. Morales

Case Details

Full title:Sakima Rodriguez, Plaintiff-Appellant, v. Gladys Morales…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Apr 18, 2013

Citations

39 Misc. 3d 138 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 50642
966 N.Y.S.2d 349