Xiaolang Li v. Wu

Appellate Terms of the Supreme Court of New York

Xiaolang Li v. Wu

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 14, 2019

Docket2019 NYSlipOp 50020(U)

StatusPublished

This text of Xiaolang Li v. Wu (Xiaolang Li v. Wu) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Xiaolang Li v. Wu, (N.Y. Ct. App. 2019).

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Opinion

Xiaolang Li, Plaintiff-Appellant,

against

Darryl Wu, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Anthony Cannataro, J.), entered October 4, 2017, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Anthony Cannataro, J.), entered October 4, 2017, affirmed, without costs.

The trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's action (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). A fair interpretation of the evidence supports the conclusion that plaintiff failed to establish any basis to impose liability on defendant dentist resulting from plaintiff's insurer's delays in the preapproval process for coverage. Nor did plaintiff, who made no payment to defendant, establish any basis for the damages he requested.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 14, 2019

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Xiaolang Li, Plaintiff-Appellant,

against

Darryl Wu, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Anthony Cannataro, J.), entered October 4, 2017, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Anthony Cannataro, J.), entered October 4, 2017, affirmed, without costs.

The trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's action (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). A fair interpretation of the evidence supports the conclusion that plaintiff failed to establish any basis to impose liability on defendant dentist resulting from plaintiff's insurer's delays in the preapproval process for coverage. Nor did plaintiff, who made no payment to defendant, establish any basis for the damages he requested.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 14, 2019

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