[*1]
Pang v Capital Mkt. Serv.
2007 NY Slip Op 51392(U) [16 Misc 3d 131(A)]
Decided on July 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570109/07.

Amy Pang, Plaintiff-Appellant,

against

Capital Market Service, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered on or about November 16, 2006, in favor of defendant dismissing the action.


Per Curiam.

Judgment (Manuel J. Mendez, J.), entered on or about November 16, 2006, affirmed, without costs.

The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1807), plaintiff having failed to establish that defendant, an on-line foreign currency dealer, improperly liquidated two of plaintiff's trading positions or "purposefully tampered" with its
online currency trading system.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: July 20, 2007