Plaintiff appeals from (2) 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 August 10, 2006, after trial, in favor of defendant dismissing the action, and (2) an order (same court and Judge), dated June 29, 2005, which granted defendant's motion to vacate a default judgment. Defendant appeals from an order of the same court (Debra R. Samuels, J.), dated December 14, 2006, which denied her motion for a stay of enforcement of a judgment obtained by plaintiff in a related small claims action.

Per Curiam.

Order (Debra R. Samuels, J.), dated December 14, 2006, affirmed, without costs. Judgment (Cynthia S. Kern, J.), entered on or about August 10, 2006, affirmed, without costs. Appeal from order (Cynthia S. Kern, J.), dated June 29, 2006, dismissed as subsumed in the appeal from the aforesaid judgment.

The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807). There is no basis to disturb the trial court's express finding, which rests in large measure on the credibility of the witnesses, that the parties did not enter into a purchase agreement, as alleged by plaintiff.

The court properly denied defendant's request for a stay of enforcement of a judgment in a related action between the parties (see Eisner v Goldberger, 28 AD3d 354 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 31, 2008