COLY v. YORKE SONS AUTO INC (2024)

Supreme Court, Appellate Term, New York,

Georges COLY, Plaintiff-Appellant, v. YORKE & SONS AUTO, INC., and Alive Auto Repair, Inc., Defendants-Respondents.

570428 /24

Decided: December 19, 2024

PRESENT: Tisch, J.P., James, Perez, JJ.

Judgment (Ashlee Crawford, J.), entered May 11, 2023, affirmed, without costs.

In reviewing the record, we find that Civil Court properly dismissed the action after inquest. Given the inquest court's fully supported finding that plaintiff's testimony was “replete with substantial gaps” and “inconsistencies,” as well as a lack of documentary proof, we agree that plaintiff did not establish a viable cause of action against defendants for replevin and money damages arising from the alleged wrongful retention of his vehicle (see Woodson v Mendon Leasing Corp., 100 NY2d 62 [2003]; Litvinskiy v May Entertainment Group, Inc., 44 AD3d 627 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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