APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
March 2, 2011
AT & T WIRELESS DEFENDANT-RESPONDENT.
Acuna v AT & T Wireless
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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2011
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
dated March 30, 2010, after trial, in favor of defendant dismissing the action.
Judgment (Jose A. Padilla, Jr., J.), dated March 30, 2010, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807), and giving due deference to the trial court's findings of fact and credibility determinations (see Williams v Roper, 269 AD2d 125, 126 , lv dismissed 95 NY2d 898 ), we find no basis to disturb the findings made by Civil Court.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: March 02, 2011
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