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Wendy Castillo v. Gennaro Elvezio

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


March 1, 2013

WENDY CASTILLO,
APPELLANT,
v.
GENNARO ELVEZIO,
RESPONDENT.

Appeal from a judgment of the District Court of Nassau County, Fourth District (David W. McAndrews, J.), entered August 18, 2010.

Castillo v Elvezio

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 1, 2013

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

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 the sum of $5,000 from defendant, her landlord, for damage to her belongings as a result of a fire. After a non-jury trial, the District Court dismissed the action. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126). As the record supports the District Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Nicolai, P.J., and Iannacci, J., concur. Decision Date: March 01, 2013

20130301

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