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Otilda Gruezo v. Luzmila Quelal

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


February 25, 2011

OTILDA GRUEZO,
PLAINTIFF-RESPONDENT,
v.
LUZMILA QUELAL, DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Ruben A. Martino, J.), entered on or about June 18, 2009, after trial, in favor of plaintiff, awarding her the principal amount of $1,381.17.

Per curiam.

Gruezo v Quelal

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 25, 2011

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

Judgment (Ruben A. Martino, J.), entered on or about June 18, 2009, affirmed, without costs.

The record and the ends of substantial justice (CCA 1804, 1807) support the judgment after trial in favor of plaintiff in this small claims action. Defendant has demonstrated no basis to disturb the court's credibility-based determination that defendant breached the parties' contract when she failed to reimburse plaintiff for an airline ticket that plaintiff purchased for defendant (see W.W.W. Associates, Inc. v Giancontieri, 77 NY2d 157, 163 [1990]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT

Decision Date: February 25, 2011

20110225

© 1992-2011 VersusLaw Inc.



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