[*1]
Hohlweck v Hoffenberg-Hohlweck
2003 NY Slip Op 51616(U)
Decided on December 10, 2003
Appellate Term, Second 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This opinion is uncorrected and will not be published in the Official Reports.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 10, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., LIFSON and RUDOLPH, JJ.
NO. 2003-301 W C

TODD HOHLWECK, Appellant,

against

PAMELA HOFFENBERG-HOHLWECK, Respondent.


Appeal by plaintiff from a small claims judgment of the City Court, City of White Plains, Westchester County (R. Washington, J.), entered November 7, 2002, which dismissed the action.


Judgment unanimously affirmed without costs.

Plaintiff seeks to recover from defendant, his stepmother, the sum of $2,608.75, which he considers to be his fair share of a check for $2,185.25 received from Harrison High School, as well as an emergency family gift of $11,700 which she received from the American Red Cross as a result of his father's death in the World Trade Center attack on September 11, 2001.

A review of the record in this action indicates that substantial justice was done between the parties according to the rules and principles of substantive law (UCCA 1807). Plaintiff has not stated any basis for holding defendant responsible for failing to give him what he perceives to be his equitable share of the amounts received.

SM-2

Decision Date: December 10, 2003