[*1]
Batac v ATS Mech. Contrs., Inc.
2006 NY Slip Op 50001(U) [10 Misc 3d 138(A)]
Decided on January 4, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 4, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ
570554/05.

Arturor P. Batac, Plaintiff-Appellant,

against

ATS Mechanical Contractors, Inc., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Cynthia S. Kern, J.), entered July 15, 2004, after trial, in favor of defendant dismissing the action.


PER CURIAM

Judgment (Cynthia S. Kern, J.). entered July 15, 2004, affirmed, without costs.

In this action to recover fees for estimating services, we find that the dismissal after trial achieved substantial justice in accordance with the rules and principles of substantive law (CCA 1807). We find no basis to disturb the court's express determination that there was no meeting of minds between the parties, a determination which rests in large measure on considerations relating to the credibility of witnesses (see Williams v. Roper, 269 AD2d 125 [2000], appeal dismissed, 95 NY2d 898 [2000]).

This constitutes the decision and order of the court.
Decision Date: January 04, 2006