| Gottlieb v Black Star Publ. Co., Inc. |
| 2006 NY Slip Op 51405(U) [12 Misc 3d 142(A)] |
| Decided on July 21, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Manuel J. Mendez, J.), entered on or about August 17, 2005, after trial, in favor of defendants dismissing the action.
Per Curiam:
Judgment (Manuel J. Mendez, J.), entered on or about August 17, 2005, affirmed, without costs.
The record and the ends of "substantial justice" (CCA 1804, 1807) support the post-trial dismissal of this small claims action. The trial evidence, fairly interpreted, supports a finding that defendants did not breach the parties' asset purchase agreement by billing plaintiff's former clients for the re-use of plaintiff's images at an incorrect rate. While the agreement between the parties provides that all billing for materials "sent out" prior to the closing date of the sale of the business was for the benefit of plaintiff, it did not specify any billing rates. The trial evidence shows that defendants remitted to plaintiff all sums collected from plaintiff's former clients for the re-use of her images.
This constitutes the decision and order of the Court.
Decision Date: July 21, 2006