| Heredia v Withers Bergman, LLP |
| 2006 NY Slip Op 50002(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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Debra Rose Samuels, J.), entered September 28, 2004 after trial in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Debra Rose Samuels, J.), entered September 28, 2004, affirmed, without costs.
The judgment in defendant's favor achieved "substantial justice" in accordance with the rules and principles of substantive law (CCA 1807). Plaintiff's own testimony demonstrated that she was employed and paid by Career Blazers, a temporary employment agency, and assigned to defendant. Plaintiff failed to establish that defendant made a sufficiently definite offer of employment such that its unequivocal acceptance could give rise to an enforceable contract (see Express Indus. & Terminal Corp. v New York State Dept. of Transp., 93 NY2d 584, 589-90 [1999]).
This constitutes the decision and order of the court.
Decision Date: January 04, 2006