MD CHOWDHURY v. RAS TAXI INC (2018)

Supreme Court, Appellate Term, New York.

MD Alamin CHOWDHURY, Appellant, v. RAS TAXI, INC. and Pirzada Shabbar, Respondents.

2016–1660 Q C

Decided: January 12, 2018

PRESENT: DAVID ELLIOT, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ

MD Alamin Chowdhury, appellant pro se. John Demaio, Esq., for respondents (no brief filed).

ORDERED that the judgment is affirmed, without costs.

In this action, plaintiff seeks to recover damages in the principal sum of $25,000 for “loss of use of property,” “damages caused to automobile” and “failure to return property.”

At a nonjury trial, plaintiff testified that he owned a vehicle for which he had leased a taxi medallion and that defendants had not returned the vehicle to him. Following the trial, the Civil Court dismissed the complaint.

Upon a review of the record, we find that there was conflicting testimony regarding the ownership of the vehicle. In any event, plaintiff failed to establish his damages.

We note that, contrary to plaintiff's contention, the transcript of the trial has been properly settled (see CPLR 5525).

Accordingly, the judgment is affirmed.

ELLIOT, J.P., PESCE and ALIOTTA, JJ., concur.

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