[*1]
Muller v Feaster
2004 NY Slip Op 51057(U)
Decided on September 17, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 17, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570120/04

CHARLENE A. MULLER, Plaintiff-Appellant,

against

NECHELLE FEASTER D/B/A FEAST NEW MEDIA, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about October 15, 2003 after trial (Geoffrey D. Wright, J.) in favor of defendant dismissing the action.


PER CURIAM:

Judgment entered on or about October 15, 2003 (Geoffrey D. Wright, 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 [2000], lv dismissed 95 NY2d 898 [2000].) Applying that limited review standard here, and since the record permits a finding that defendant substantially performed the terms of the parties' oral software design agreement, we find no basis to substitute our judgment for that of the trial court in dismissing the action.

This constitutes the decision and order of the court.