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Paton v. Bostwick

Appellate Term of the Supreme Court of New York, Second Department
Oct 30, 2008
2008 N.Y. Slip Op. 52211 (N.Y. App. Term 2008)

Opinion

2007-1444 K C.

Decided October 30, 2008.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered May 7, 2007. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

PRESENT: GOLIA, J.P., RIOS and STEINHARDT, JJ.


In this small claims action brought by plaintiff to recover money allegedly loaned to defendant, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126).

The decision of the fact-finding court should not be disturbed on 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). Since the record amply supports the trial court's conclusions, we find no reason to disturb the judgment.

Golia, J.P., Rios and Steinhardt, JJ., concur.


Summaries of

Paton v. Bostwick

Appellate Term of the Supreme Court of New York, Second Department
Oct 30, 2008
2008 N.Y. Slip Op. 52211 (N.Y. App. Term 2008)
Case details for

Paton v. Bostwick

Case Details

Full title:CLAYBORNE PATON, Appellant, v. JOAN BOSTWICK, Respondent

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

Date published: Oct 30, 2008

Citations

2008 N.Y. Slip Op. 52211 (N.Y. App. Term 2008)