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Stanco v. John's Auto Repair

Appellate Term of the Supreme Court of New York, Second Department
Mar 7, 2006
2006 N.Y. Slip Op. 50342 (N.Y. App. Term 2006)

Opinion

2005-1122 NC.

Decided March 7, 2006.

Appeal from a judgment of the City Court of Glen Cove, Nassau County (Richard J. McCord, J.), entered on November 16, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $1,673.03.

Judgment affirmed without costs.

PRESENT: RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ.


In this small claims action to recover for property damage to plaintiff's car, the court below provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126). Furthermore, in a bench trial, the decision of the 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 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v. Roper, 269 AD2d at 126).

Rudolph, P.J., Tanenbaum and Lippman, JJ., concur.


Summaries of

Stanco v. John's Auto Repair

Appellate Term of the Supreme Court of New York, Second Department
Mar 7, 2006
2006 N.Y. Slip Op. 50342 (N.Y. App. Term 2006)
Case details for

Stanco v. John's Auto Repair

Case Details

Full title:DOMENICO STANCO, Respondent, v. JOHN'S AUTO REPAIR, Appellant

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

Date published: Mar 7, 2006

Citations

2006 N.Y. Slip Op. 50342 (N.Y. App. Term 2006)
816 N.Y.S.2d 701