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Jeffrey Manas v. Susan Garfinkle

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


November 29, 2010

JEFFREY MANAS, PLAINTIFF-RESPONDENT,
v.
SUSAN GARFINKLE, DEFENDANT-APPELLANT.

Defendant appeals from (1) a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about January 21, 2009, after trial, awarding plaintiff the principal sum of $4,075, and (2) an order (same court and Judge), dated February 19, 2009, which denied defendant's post-trial motion to set aside the judgment.

Per curiam.

Manas v Garfinkle

Decided on November 29, 2010

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ

Judgment (Tanya R. Kennedy, J.), entered on or about January 21, 2009, and order (same Judge), dated February 19, 2009, affirmed, without costs.

Applying the narrow review standard in this small claims action (see CCA 1807), and giving appropriate deference to the trial court's findings of fact and credibility determinations (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we affirm the judgment in plaintiff's favor. The evidence, fairly interpreted, supports the trial court's finding that an account stated existed between the parties. Contrary to defendant's assertion, the record does not reveal any evidence of bias on the part of the trial court.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur Decision Date: November 29, 2010

20101129

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