| Westervelt Estates, LLC v Uzzle |
| 2011 NY Slip Op 51313(U) [32 Misc 3d 130(A)] |
| Decided on July 7, 2011 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Richmond County
(Katherine Levine, J.), entered January 20, 2010. The judgment, after a nonjury trial, awarded
plaintiff the principal sum of $1,500.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action seeking, in essence, restitution. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $1,500.
The facts adduced at the trial established that, pursuant to the terms of a settlement agreement, defendant was entitled to the sum of $5,000 and that plaintiff had subsequently overpaid defendant. Consequently, plaintiff was entitled to a refund. As defendant has failed to demonstrate that he was denied substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]), we find no basis to disturb the judgment. Accordingly, the judgment is affirmed.
Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: July 07, 2011