[*1]
Merditaj v Keoseian
2008 NY Slip Op 52146(U) [21 Misc 3d 132(A)]
Decided on October 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 29, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570826/07.

Marija Merditaj, d/b/a/ Professional NY Painting, Plaintiff-Appellant,

against

Richard Keoseian, Defendant-Respondent,


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered on or about August 15, 2007, after trial, in favor of defendant dismissing the main action and awarding defendant damages in the principal sum of $5,000 on his counterclaim.


PER CURIAM.

Judgment (Raul Cruz, J.), entered on or about August 15, 2007, modified to vacate the award to defendant and dismiss his counterclaim; as modified, judgment affirmed, without costs.

Dismissal of the main small claims action seeking
recovery for extra work allegedly performed by plaintiff achieved "substantial justice" consistent with substantive law principles (see CCA 1804, 1807). However, the award to defendant on his counterclaim alleging poor workmanship cannot be sustained on this record, which contains no proof whatsoever on the issue of defendant's damages.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur

Decision Date: October 29, 2008