| Eddite Keshishyan, Inc. v Zabari Natl., Inc. |
| 2006 NY Slip Op 51612(U) [12 Misc 3d 148(A)] |
| Decided on August 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Diane A. Lebedeff, J.), entered October 7, 2005, after trial, in favor plaintiff and awarding it damages in the principal sum of $3,120.
PER CURIAM
Judgment (Diane A. Lebedeff, J.), entered October 7, 2005, affirmed, without costs.
In this small claims action to recover the contract price of goods sold and delivered, the evidence, fairly considered, supports the trial court's determination, based in large measure on considerations relating to the credibility of witnesses, that defendant failed to effectively reject the goods (see UCC 2-606[1] [b]; Maggio Importato, Inc. v. Cimitron Inc., 189 AD2d 654 [1993], lv denied 82 NY2d 652 [1993]). Thus, the court accomplished "substantial justice" consistent with substantive principles of law (see CCA 1804, 1807) in awarding plaintiff the agreed contract price.
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: August 21, 2006