APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
March 29, 2011
TUNCH TUNCH, LTD., D/B/A KULT RECORDS,
STAR 69 ENTERTAINMENT, LLC.,
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This opinion is uncorrected and will not be published in the printed Official Reports.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 , lv dismissed 95 NY2d 898
), 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] ). 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
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