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Honcharik v Williamsburg Ridge Homeowners Assn.
2008 NY Slip Op 50876(U) [19 Misc 3d 138(A)]
Decided on April 24, 2008
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., MOLIA and SCHEINKMAN, JJ
2007-251 P C.

Peter Honcharik d/b/a Broadway General Contracting, Inc., Respondent,

against

Williamsburg Ridge Homeowners Association, Appellant.


Appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County (Joseph J. Spofford, J.), entered October 2, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,500.


Judgment affirmed without costs.

In this small claims action to recover a balance due on a contract to perform masonry repairs, defendant appeals from a judgment awarding plaintiff the principal sum of $2,500. Our review on an appeal in a small claims action is limited to whether substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807; see Williams v Roper, 269 AD2d 125, 126 [2000]). On appeal, defendant failed to establish that the lower court's determination to grant judgment in favor of plaintiff was not supported by the record so as to deny substantial justice. Accordingly, the judgment is affirmed.

Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.