| Maltezos v Sony Electronics Inc. |
| 2006 NY Slip Op 52001(U) [13 Misc 3d 134(A)] |
| Decided on October 20, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered January 27, 2006, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Jeffrey K. Oing, J.), entered January 27, 2006, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions (CCA 1807), and giving due deference to the trial court's express findings of fact and credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the dismissal after trial of plaintiff's action. The evidence, fairly interpreted, supports the court's determination that plaintiff failed to prove by competent and credible evidence that the computer he purchased was defective.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: October 20, 2006