Appeal by plaintiff from so much of a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (J. Flick, J.), entered June 9, 2004, as dismissed plaintiff's action.

Judgment insofar as appealed from unanimously affirmed without costs.

Plaintiff commenced the instant small claims action for the return of money paid pursuant to a contract for services rendered by defendant. Defendant was retained for a fee of $1,750 to prepare a plot plan and application for a building permit for a detached garage which plaintiff sought to have constructed on an irregular lot. The building inspector rejected the application based upon his interpretation of the setback
requirements. Thereafter, defendant agreed to prepare an application to the Zoning Board of Appeals for an additional fee of $1,000, which sum plaintiff likewise paid. The Board thereafter denied the application. Inasmuch as defendant duly performed the services required by plaintiff, the court properly concluded that plaintiff was not entitled to a refund of the money paid.
Decision Date: January 20, 2005