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Evonne Capers v. Gregory Anthony Phillips

New York Supreme and/or Appellate Courts Appellate Term, First Department


June 10, 2011

EVONNE CAPERS,
PLAINTIFF-RESPONDENT,
v.
GREGORY ANTHONY PHILLIPS,
DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered on or about September 30, 2010, after trial, in favor of plaintiff and awarding her damages in the principal sum of $2,500.

Per curiam.

Capers v Phillips

Decided on June 10, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

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

Judgment (Mitchell J. Danziger, J.), entered on or about September 30, 2010, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor in this small claims action (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's express finding that the check issued by plaintiff represented a loan that defendant failed to repay. The record discloses no evidentiary error, and clearly none warranting reversal, under the narrow review standard governing here (see CCA 1807; see generally Ellis v Collegetown Plaza, LLC., 301 AD2d 758 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI

concurI

concur

Decision Date: June 10, 2011

20110610

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