| Luth v Goodstein Realty, Inc. |
| 2006 NY Slip Op 51113(U) [12 Misc 3d 131(A)] |
| Decided on June 13, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Geoffrey D. Wright, J.), entered on or about September 14, 2004, after trial, in favor of plaintiff and awarding her damages in the principal amount of $3,203.59.
PER CURIAM:
Judgment (Geoffrey D. Wright, J.), entered on or about September 14, 2004, affirmed, without costs.
The small claims judgment awarding plaintiff a recovery of the real estate commissions shown to have been owed by defendant achieved substantial justice consistent with substantive law principles (see CCA 1807) and, indeed, defendant does not now challenge the merits of the award on appeal. To the extent that defense counsel's mid-trial "general objection that [his] client is not here" can be viewed as a proper request for an adjournment, the court's denial of such relief was not an abuse of discretion, especially since the matter previously was marked "final" against defendant.
This constitutes the decision and order of the court.
Decision Date: June 13, 2006