| Ngoto v Barenburg |
| 2013 NY Slip Op 52135(U) [42 Misc 3d 127(A)] |
| Decided on December 17, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through December 18, 2013; it will not be published in the printed Official Reports. |
Plaintiff, as limited by his brief, appeals from that portion of a judgment of the Small
Claims Part of the Civil Court of the City of New York, Bronx County (Eddie J.
McShan, J.), entered on or about May 16, 2013, after trial, which dismissed the main
action.
Per Curiam.
Judgment (Eddie J. McShan, J.), entered on or about May 16, 2013, insofar as appealed from, affirmed, without costs.
A judgment rendered in the Small Claims Part of the Civil Court 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], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and since the record supports the trial court's finding that plaintiff breached paragraph 11 of the parties' written agreement by denying defendant an opportunity to cure any alleged defects in the draft screenplay prepared by defendant, we find no basis to substitute our judgment for that of the trial court in dismissing the main action after a thorough hearing. In the absence of a cross appeal by defendant, we do not address the propriety of the court's disposition of defendant's counterclaim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur