[*1]
Brown v Green
2007 NY Slip Op 50715(U) [15 Misc 3d 133(A)]
Decided on April 5, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Klein Heitler, JJ
570559/06.

Maryann Brown, Plaintiff-Appellant,

against

Gail Green, Defendant-Respondent.


Plaintiff, as limited by her brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Cynthia S. Kern, J.), entered on or about November 17, 2005, after a hearing, as limited her recovery of damages to the principal sum of $100.


PER CURIAM:

Judgment (Cynthia S. Kern, J.), entered on or about November 17, 2005, affirmed, without costs.

The court's credibility-based determination that defendant previously tendered all but $100 of the amount due under the parties' October 1996 settlement stipulation is supported by the hearing evidence and achieved "substantial justice" between the parties (CCA 1804. 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

This Constitutes the Decision and Order of the Court.
Decision Date: April 5, 2007