[*1]
Gibson v Buckley
2011 NY Slip Op 52213(U) [33 Misc 3d 142(A)]
Decided on December 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 5, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MOLIA, J.P., LaCAVA and IANNACCI, JJ
2010-2971 W C.

G. Darcy Gibson, Respondent,

against

David Buckley, Appellant.


Appeal from a judgment of the City Court of Rye, Westchester County (Joseph L. Latwin, J.), entered April 23, 2010. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,650.


ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover fees for architectural services rendered to defendant. After a nonjury trial, the City Court awarded plaintiff the principal sum of $1,650. Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of
substantive law (UJCA 1804, 1807). The evidence adduced at trial established that plaintiff had performed the architectural services before defendant had terminated the contract.

Accordingly, the judgment is affirmed.

Molia, J.P., LaCava and Iannacci, JJ., concur.
Decision Date: December 05, 2011