[*1]
Michaels v Chen
2005 NY Slip Op 51634(U) [9 Misc 3d 133(A)]
Decided on October 11, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570296/04

ANTHONY MICHAELS, Plaintiff-Respondent,

against

Jianquing Chen, Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about September 25, 2003 after trial (Debra R. Samuels, J.) in favor of plaintiff and awarding him damages in the principal sum of $900.


PER CURIAM:

Judgment entered on or about September 25, 2003 (Debra R. Samuels, J.) affirmed, without costs.

In this small claims action to recover legal fees for services rendered by plaintiff in connection with defendant's purchase of residential property, we are satisfied that the judgment in plaintiff's favor achieved substantial justice between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). We find no basis to substitute our judgment for that of the trial court in resolving the fact and credibility questions raised at trial.

This constitutes the decision and order of the Court.
Decision Date: October 11, 2005