| Andreev v Obolensky |
| 2006 NY Slip Op 50530(U) [11 Misc 3d 138(A)] |
| Decided on April 3, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Barbara Jaffe, J.), entered on or about March 21, 2005, after trial, in favor of plaintiff and awarding him damages in the principal amount of $800.
PER CURIAM
Judgment (Barbara Jaffe, J.), entered on or about March 21, 2005, affirmed, without costs.
The evidence, fairly considered, supports the trial court's determination that plaintiff substantially complied with the terms of the parties' written agreement, and that defendant was entitled only to a 20% "discount" on the balance due under the contract as a result of a de minimis misalignment in the spacing of the inscriptions on the monument. The judgment in plaintiff's favor achieved substantial justice consistent with substantive law principles (CCA 1804, 1807).
This constitutes the decision and order of the court.
I concur I concur
Decision Date: April 3, 2006