| Rangolan v Salles |
| 2006 NY Slip Op 52002(U) [13 Misc 3d 134(A)] |
| Decided on October 20, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Barbara Jaffe, J.), entered on or about October 28, 2004, after trial, which dismissed plaintiff's action and awarded defendant $3,875 on her counterclaim.
PER CURIAM
Judgment (Barbara Jaffe, J.), entered on or about October 28, 2004, modified to vacate the award to defendant and dismiss her counterclaim, and as modified, affirmed, without costs.
Dismissal of plaintiff's action for the return of attorney's fees paid to defendant achieved substantial justice consistent with substantive law principles (CCA 1804, 1807). However, the record as a whole, including an invoice given by defendant to plaintiff indicating a zero balance due, did not support a finding that defendant was entitled to additional attorney's fees.
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: October 20, 2006