Preview:

Scottland v Lowell/Edwards (2007 NY Slip Op 50070(U))
[*1]


Decided on January 17, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ 570604/06.
Nanette Scottland, Plaintiff-Appellant,
against
Lowell/Edwards, Defendant-Respondent.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Matthew F. Cooper, J.), entered on or about April 19, 2006, after trial, in favor of defendant dismissing the action.
PER CURIAM
Judgment (Matthew F. Cooper, J.), entered on or about April 19, 2006, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The evidence, fairly interpreted, supports the court's determination that the
file:///C|/Users/Peter/Desktop/NY/2/2007_50070.htm[4/21/2013 10:45:36 PM]
Scottland v Lowell/Edwards (2007 NY Slip Op 50070(U))
wall unit purchased by plaintiff was not defective. This constitutes the decision and order of the court. I concurI concurI concur
Decision Date: January 17, 2007
file:///C|/Users/Peter/Desktop/NY/2/2007_50070.htm[4/21/2013 10:45:36 PM]

Download 2007_50070.pdf

New York Law