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Reliable Locksmith, Inc. v 1388 Lexington Ave. Corp.
2009 NY Slip Op 51778(U) [24 Misc 3d 144(A)]
Decided on August 17, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 17, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570241/09.

Reliable Locksmith, Inc. Plaintiff-Respondent,

against

1388 Lexington Ave. Corp., Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jose A. Padilla, J.), entered on or about June 5, 2008, after a nonjury trial, which awarded plaintiff damages in the principal sum of $2,059.33 on its main action and dismissed defendant's counterclaim.


Per Curiam.

Judgment (Jose A. Padilla, J.), entered on or about June 5, 2008, affirmed, without costs.

On this record, which includes signed invoices reflecting defendant's acceptance without objection of a substantial portion of the installation work rendered by plaintiff, we are satisfied that the court's decision to award plaintiff damages on its main action and to dismiss defendant's counterclaim 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.
I concur
Decision Date: August 17, 2009