| Adam Stanger, D.C., P.C. v Panzella |
| 2006 NY Slip Op 51842(U) [13 Misc 3d 130(A)] |
| Decided on September 29, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through October 10, 2006; it will not be published in the printed Official Reports.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 (Diane A. Lebedeff, J.), entered October 18, 2005, after trial, in favor of plaintiff and awarding it damages in the principal sum of $3,500.
PER CURIAM:
Judgment (Dianne A. Lebedeff, J.), entered October l8, 2005 affirmed, without costs.
The court applied the appropriate rules of substantive law and accomplished "substantial justice" (see CCA 1804, 1807) in awarding judgment to plaintiff upon the trial of this small claims action. The evidence permits a finding that the defendant attorney, pursuant to the terms of an assignment agreement, was obligated to make direct payment of fees due to plaintiff chiropractor upon receipt of settlement proceeds (see Brinkman v Moskowitz, 38 Misc 2d 950 [1962]), and failed to do so.
This constitutes the decision and order of the court.
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Decision Date: September 29, 2006