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Ozcan v U.S. Colins, Inc.
2006 NY Slip Op 50180(U) [11 Misc 3d 126(A)]
Decided on February 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 14, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., McCOOE, GANGEL-JACOB, JJ
570434/05.

Erkan Ozcan, Plaintiff-Appellant,

against

U.S. Colins, Inc., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Debra Rose Samuels, J.), entered on or about December 22, 2004, in favor of defendant dismissing the action.


PER CURIAM:

Judgment (Debra Rose Samuels, J.), entered on or about December 22, 2004, affirmed, without costs. The evidence, fairly interpreted, supports the trial court's determination that no valid contract existed between the parties. Plaintiff sought compensation for computer services performed prior to the execution of the purported contract, the validity of which was undermined by the fact that it was signed by an employee who had no authority to bind defendant and who was fired about the same time of the alleged execution. The dismissal of the action achieved substantial justice consistent with substantive law principles (CCA 1807).

This constitutes the decision and order of the court.
Decision Date: February 14, 2006