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Wansheng Wu v. Pet Fashion Boutique

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


June 11, 2012

WANSHENG WU,
APPELLANT,
v.
PET FASHION BOUTIQUE, INC.,
RESPONDENT.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered March 16, 2010.

Wansheng Wu v Pet Fashion Boutique, Inc.

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 11, 2012

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The judgment, after a non-jury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover $5,000, representing veterinary costs she claimed to have incurred to cure her dog of ailments it had at the time she had bought it from defendant's pet store. After a non-jury trial, at which plaintiff appeared without counsel and testified with the assistance of a Mandarin interpreter, the City Court dismissed the action.

The sole issue plaintiff raises on appeal is that she was deprived of a fair trial as a result of the alleged poor English abilities of the Mandarin interpreter provided to her by the court. We note that plaintiff has failed to state to this court how the interpreter erred in translating plaintiff's testimony, or to demonstrate or even suggest how any such purported errors might have affected the outcome of the trial. Since plaintiff has failed to explain how, as a result of the alleged error complained of, the judgment failed to render substantial justice between the parties according to the rules and principles of substantive law (see UCCA 1804, 1807), we find no basis to disturb the judgment.

Accordingly, the judgment is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: June 11, 2012

20120611

© 1992-2012 VersusLaw Inc.



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