[*1]
Orban v Golan
2006 NY Slip Op 51077(U) [12 Misc 3d 131(A)]
Decided on June 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 7, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
570191/05

Eva Orban, Plaintiff-Appellant,

against

David Golan, owner of SIMMONS FURNITURE INC., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Debra R. Samuels, J.), entered on or about October 25, 2004, after trial, in favor of defendant dismissing the action.


Per Curiam:

Judgment (Debra R. Samuels, J.), entered on or about October 25, 2004, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1807) support the post-trial dismissal of this small claims action. We find no basis to disturb the court's determination that plaintiff was not entitled to any further sales commissions from defendant, her former employer. The trial evidence, fairly interpreted, shows that none of the "pending" sales underlying plaintiff's claim were consummated or would have triggered any right to commissions under the governing terms of plaintiff's employment.

This constitutes the decision and order of the court.
Decision Date: June 7, 2006