| Baer v Complete Off. Supply Warehouse Corp. |
| 2011 NY Slip Op 52204(U) [33 Misc 3d 141(A)] |
| Decided on November 30, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Kings County
(Margaret A. Pui Yee Chan, J.), entered August 3, 2010. The judgment, after a nonjury trial,
dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action against defendant, his former employer, to recover the sum of $930.80, representing the legal fees and expenses he had allegedly incurred in a hearing to recover unemployment benefits. Following a nonjury trial, the Civil Court dismissed the action.
A small claims judgment will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000]). Upon a review of the record, we find no basis to disturb the determination of the Civil Court that the action should be dismissed, as there was no merit to plaintiff's substantive claims. Accordingly, the judgment is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: November 30, 2011