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Rodriguez v. Johnson

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51379 (N.Y. App. Term 2009)

Opinion

2008-1360 OR C.

Decided June 29, 2009.

Appeal from a judgment of the City Court of Port Jervis, Orange County (Victoria B. Campbell, J.), entered February 7, 2008. The judgment, insofar as appealed from, after a nonjury trial, awarded plaintiff the principal sum of $3,690.99 as against defendant Splut, Inc. d/b/a Servpro of Orange County.

Judgment, insofar as appealed from, affirmed without costs.

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


After a nonjury trial in this small claims action to recover for damage to several items of personal property, the City Court awarded plaintiff judgment, insofar as appealed from, as against defendant Splut, Inc. d/b/a Servpro of Orange County in the principal sum of $3,690.99. Upon a review of the record, we find that the City Court properly rendered its judgment providing 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; Pat Hartly, Inc. v American Reciprocal Insurers, 21 AD2d 761; Dubiner's Bootery, Inc. v General Outdoor Advertising Co., 10 AD2d 923; Reis v Long Island R. Co., 88 App Div 611; Maurer v Grimm, 84 App Div 575; see also Peters v Berkeley, 219 App Div 261; Taft v Smith, Gray Co., 76 Misc 283). 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, 269 AD2d at 126). As the record supports the City Court's determination, we affirm the judgment insofar as appealed from.

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


Summaries of

Rodriguez v. Johnson

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51379 (N.Y. App. Term 2009)
Case details for

Rodriguez v. Johnson

Case Details

Full title:SANTOS RODRIGUEZ, Respondent, v. BRAD JOHNSON, Defendant, v. SPLUT, INC…

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

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 51379 (N.Y. App. Term 2009)
899 N.Y.S.2d 63