| Perfect Choice Mktg. & Sales v Enna Inc. |
| 2008 NY Slip Op 50224(U) [18 Misc 3d 135(A)] |
| Decided on February 8, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from 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 May 21, 2007, after trial,
in favor of plaintiff and awarding it damages in the principal sum of $5,000.
PER CURIAM
Judgment (Cynthia S. Kern, J.), entered on or about May 21, 2007, affirmed, without costs.
Liability was properly imposed on the individual
defendant (Scaravelli), who initialed each page of the governing "Manufacturer-Sales
Agency" contract and rider as "Manufacturer" without use of any corporate designation. That the
liability issue may be close does not warrant appellate intervention. "[A] small claims judgment
may not be overturned simply because the determination appealed from involves an arguable
point on which an appellate court may differ; the deviation from substantive law must be readily
apparent and the court's determination clearly erroneous." (Schiffman v Deluxe Caterers of
Shelter Rock, 100 AD2d 846, 846-847 [1984]). The record herein establishes that the trial
court's determination met the governing "substantial justice" standard (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: February 8, 2008