Glasgow Prods., Inc. v Ginsberg & Broome, P.C.
2003 NY Slip Op 51291(U)
Decided on October 1, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, First Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on October 1, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570319/03

GLASGOW PRODUCTS, INC., Plaintiff-Appellant,

against

GINSBERG & BROOME, P.C.,


[*2] Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about July 31, 2002 after trial (Donna G. Recant, J.) in favor of defendant dismissing the action.


PER CURIAM:

Judgment entered on or about July 31, 2002 (Donna G. Recant, J.) affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law." (CCA 1807; see, Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). Applying that limited review standard here, and since the record permits a finding that plaintiff "overbilled" defendant for the litigation-related services rendered, we find no basis to substitute our judgment for that of the trial court in dismissing the action after a thorough hearing.

This constitutes the decision and order of the court.