| Ferrandina v Upward Bound Travel |
| 2008 NY Slip Op 51614(U) [20 Misc 3d 140(A)] |
| Decided on July 28, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals 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 March 22, 2007, after a nonjury
trial, in favor of plaintiff and awarding him damages in the principal sum of $400.
Per Curiam.
Judgment (Cynthia S. Kern, J.), entered March 22, 2007, affirmed, without costs.
The judgment in plaintiff's favor achieved substantial justice between the parties in accordance with the rules and principles of substantive law (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The trial evidence supports a finding that defendant made a valid, complete and present gift to plaintiff (see Speelman v Pascal, 10 NY2d 313, 317-319 [1961]; Rubenstein v Rosenthal, 140 AD2d 156, 157-158 [1988]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 28, 2008