ANDREWS v. DAVIS (2021)

Supreme Court, Appellate Term, New York,

Dawn ANDREWS, Appellant, v. Charmaine DAVIS, Respondent.

2019-1747 K C

Decided: July 02, 2021

PRESENT: MICHELLE WESTON, J.P., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ

Dawn Andrews, appellant pro se. Charmaine Davis, respondent pro se (no brief filed).

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

Plaintiff commenced this action to recover the principal sum of $25,000, alleging that defendant failed to return plaintiff's property after she was evicted. Defendant's answer included a general denial and a counterclaim for $23,000 for back rent owed. After a nonjury trial, the Civil Court dismissed plaintiff's complaint and awarded defendant $15,000 on her counterclaim. Plaintiff appeals, as limited by the brief, from so much of the judgment as dismissed the complaint.

Here, the Civil Court properly determined that plaintiff failed to establish that defendant had any of plaintiff's possessions, let alone $25,000 worth of property, and that she refused to return the property upon demand (see 8902 Corp. v Helmsley-Spear, Inc., 23 AD3d 316 [2005]). In any event, plaintiff's proof was insufficient to establish the value of any item allegedly converted by defendant (see Fassett v Fassett, 101 AD2d 604 [1984]).

Accordingly, the judgment, insofar as appealed from, is affirmed.

WESTON, J.P., TOUSSAINT and GOLIA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network