[*1]
Batac v LMA Group
2003 NY Slip Op 51495(U)
Decided on December 2, 2003
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 2, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570310/03

ARTURO P. BATAC, Plaintiff-Appellant,

against

LMA GROUP, Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County, Small Claims Part, entered January 29, 2003 after trial (Cynthia S. Kern, J.) insofar as it limited his recovery to the amount of $1,000, plus interest and disbursements.


PER CURIAM:

Judgment entered January 29, 2003 (Cynthia S. Kern, J.) affirmed, without costs.

Defendant's default in this action was excusable as the parties had recently settled a prior small claims action which, defendant asserts, resolved all of plaintiff's disputed claims. Reaching the merits, we have reviewed the record and find no basis to increase the amount of plaintiff's recovery under our limited power of review (see, CCA § 1807).

This constitutes the decision and order of the court.