| Daba v Crosslands Corporate Transp., Inc. |
| 2016 NY Slip Op 50145(U) [50 Misc 3d 138(A)] |
| Decided on February 5, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered July 9, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,000.
ORDERED that the judgment is modified by increasing the award in favor of plaintiff to the principal sum of $5,000; as so modified, the judgment is affirmed, without costs.
In this small claims action based on a claim that defendant failed to pay plaintiff for services he had performed as a taxi cab driver, the Civil Court, after a nonjury trial, awarded plaintiff the principal sum of $2,000. Plaintiff appeals on the ground of inadequacy.
In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). At trial, plaintiff established that defendant had failed to pay him for his services, in an amount in excess of $5,000. Accordingly, under the circumstances, we find that substantial justice between the parties requires that the award to plaintiff be increased to the principal sum of $5,000, the jurisdictional limit of the Small Claims Part.
Pesce, P.J., Weston and Aliotta, JJ., concur.