Appeal, on the ground of inadequacy, from a judgment of the District Court of Nassau County, First District (Robert H. Spergel, J.), entered December 10, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,111.32.

Judgment modified by increasing the amount awarded to plaintiff to the principal sum of $4,003.90; as so modified, affirmed without costs.

In this small claims action seeking to recover a real estate agent's commission, plaintiff appeals from the judgment in her favor, in the principal sum of $1,111.32, on the ground of inadequacy. In our view, substantial justice was not done between the parties in accordance with the rules and principles of substantive law (UDCA 1804, 1807). The evidence at trial established that plaintiff was entitled to her commission of 25% of $20,765.63 less $1,187.50. Thus, the District Court should have awarded plaintiff the principal sum of $4,003.90. Consequently, the judgment awarding plaintiff the principal sum of $1,111.32 is modified accordingly.

Tanenbaum, J.P., Molia and LaCava, JJ., concur.
Decision Date: March 19, 2009