| Buscemi v Mejia |
| 2006 NY Slip Op 51331(U) [12 Misc 3d 139(A)] |
| Decided on February 3, 2006 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (James J. Golia, J.), dated October 23, 2003. The judgment, insofar as appealed from, awarded plaintiff, after a nonjury trial, the principal sum of $3,000 as against defendant Dr. Francisco Mejia.
Judgment, insofar as appealed from, affirmed without costs.
In this small claims action seeking to recover for dental work not completed, the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). The court below properly found that defendant Dr. Francisco Mejia had breached the contract between him and plaintiff by not providing plaintiff with the permanent dental bridge agreed upon (see generally Clarke v Mikail, 238 AD2d 538, 538-539 [1997]; McCarthy v Berlin, 178 AD2d 584 [1991]; Mitchell v Spataro, 89 AD2d 599 [1982]).
Pesce, P.J., Rios and Belen, JJ., concur.
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Decision Date: February 3, 2006