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Tunch Tunch, Ltd., D/B/A Kult Records v. Star 69 Entertainment

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


March 29, 2011

TUNCH TUNCH, LTD., D/B/A KULT RECORDS,
PLAINTIFF-APPELLANT,
v.
STAR 69 ENTERTAINMENT, LLC.,

Per curiam.

Tunch Tunch, LTD. v Star 69 Entertainment, LLC

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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2011

PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), entered on June 21, 2010, after trial, in favor of defendant dismissing the complaint.

Judgment entered on June 21, 2010 (Debra Rose Samuels, J.), affirmed, without costs.

Plaintiff brought this small claims action against defendant seeking to recover royalties allegedly due under the terms of a contract dated May 30, 2003. 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 [2000], lv dismissed 95 NY2d 898 [2000]), we affirm the dismissal after trial of plaintiff's action (see Niver v Metro Mgt. & Vil. E. Towers, Inc., 30 Misc 3d 129[A], 2010 NY Slip Op 52299[U] [2010]). The record supports the conclusion that plaintiff failed to establish that defendant's performance was in any way deficient under the contract, or that any additional royalties were due to the plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date:March 29, 2011

20110329

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