| Brown-Bezear v Glover |
| 2013 NY Slip Op 50182(U) [38 Misc 3d 138(A)] |
| Decided on February 1, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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
(Reginald A. Boddie, J.), entered February 3, 2011. The judgment, after a nonjury trial,
awarded plaintiff the principal sum of $289.46.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover for breach of an agreement to share the cost of a timeshare. At a nonjury trial, plaintiff's proof consisted of a written agreement between the parties, wherein they had agreed to split the cost of the timeshare equally, and a letter from the managing company of the timeshare, dated February 5, 2011, indicating a balance due in the sum of $578.92. Defendant testified that he had no dispute with the balance indicated in the letter. Following the trial, the Civil Court awarded plaintiff judgment in the principal sum of $289.46.
The sole issue defendant raises on appeal is that he was deprived of a fair trial. Upon a review of the record, including defendant's admission that he did not dispute plaintiff's proof of damages, we find that the evidence supports the Civil Court's determination and belies defendant's claim that he was denied a fair trial. Consequently, the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA [*2]1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).
Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 01, 2013