| Mamot v Bilinguals, Inc. |
| 2010 NY Slip Op 50058(U) [26 Misc 3d 131(A)] |
| Decided on January 19, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of
New York, New York County (Jeffrey K. Oing, J.), entered on or about September 22, 2008,
after trial, in favor of defendant dismissing the action and awarding defendant damages in the
principal sum of $4,000 on its counterclaim.
Per Curiam.
Judgment (Jeffrey K. Oing, J.), entered on or about September 22, 2008, affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's claim and awarding defendant judgment on its counterclaim (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's findings that plaintiff failed to provide the services for which he sought payment and that discrepancies in plaintiff's billing caused defendant to sustain damages.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 19, 2010