Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about April 2, 2002 after trial (Joan M. Kenney, J.) in favor of plaintiff in the principal amount of $600.

PER CURIAM:

Judgment entered on or about April 2, 2002 (Joan M. Kenney, J.) reversed, without costs, and action dismissed.

Giving proper effect to the clear and unambiguous tuition provisions contained in the parties' written enrollment agreement and the parent handbook issued by defendant, we find no legal basis for the small claims award reimbursing plaintiff for his "non-refundable" tuition deposit. Plaintiff was clearly apprised in the governing documents of the consequences of the contingency that ultimately occurred here: that "[w]ithdrawal" from [defendant's daycare facility] before the end of the enrollment period will result in a loss of the deposit." Moreover, the "emergency" provisions of the parent handbook now relied upon by plaintiff, even if applicable to the facts giving rise to this action, authorize only a "tuition credit," and not the tuition refund awarded by the trial [*3]court. The decision below, which improperly rewrote the terms of the parties' agreement under the guise of contract interpretation (see, 85th St. Rest. Corp. v Sanders, 194 AD2d 324, 326), did not accomplish "substantial justice" consistent with substantive law principles (CCA 1804, 1807).

This constitutes the decision and order of the court.