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Kung Bok Yee v Wong
2005 NY Slip Op 51843(U) [9 Misc 3d 140(A)]
Decided on November 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 16, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: November 16, 2005 September 2005 Term McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


Kung Bok Yee, NY County Clerk's No. 570320/05 Plaintiff-Appellant, Calendar No. 05-220

against

Raymond Wong, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Geoffrey D. Wright, J.), entered June 10, 2004, in favor of defendant dismissing the action and awarding him damages in the amount of $1203.37 on his counterclaim.


PER CURIAM:

Judgment (Geoffrey D. Wright, J.) entered June 10, 2004, affirmed, without costs.

The record and the ends of substantial justice (CCA 1804, 1807) support the dismissal after trial of this small claims action, where plaintiff failed to present any competent evidence to support his claim that the legal services rendered by the defendant were "defective". Having affirmatively elected to proceed to trial despite the court's offer to adjourn the matter, plaintiff may not now urge as error the court's failure to "sua sponte" adjourn the proceeding for plaintiff to obtain an expert. We also find unavailing the claim that plaintiff, who was aided by a court interpreter, was unable to understand the proceedings.

This constitutes the decision and order of the court.
Decision Date: November 16, 2005