MIAN
v.
RAPID PARK INDUS., INC.

This case is not covered by Casetext's citator
Appellate Term of the Supreme Court of New York, First DepartmentNov 20, 2003
2003 N.Y. Slip Op. 51453 (N.Y. Misc. 2003)

570294/03.

Decided November 20, 2003.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered October 19, 1999 after trial (Faviola A. Soto, J.) awarding plaintiff a recovery in the principal sum of $3,000, plus interest and disbursements.

Judgment entered October 19, 1999 (Faviola A. Soto, J.) affirmed, without costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.


Plaintiff sued defendant for property damage to his 1997 Mercedes-Benz sustained between October 8 and 11, 1998 while it was parked in defendant's garage. Given our limited power of review in small claims cases (see, CCA 1807; Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898), we do not disturb the award in plaintiff's favor. The trial court could reasonably have credited plaintiff's testimony that his bailed vehicle had no pre-existing damage when he left his car at the garage and surrendered his keys to the garage attendant.

This constitutes the decision and order of the court.