Cavan v Huang

[*1] Cavan v Huang 2010 NY Slip Op 50077(U) [26 Misc 3d 133(A)] Decided on January 21, 2010 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 21, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570727/09.

Nazarius Cavan, Plaintiff-Respondent,

against

Jing C. Huang a/k/a Jimmy Huang a/k/a Jari Huang, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered on or about April 23, 2009, after trial, in favor of plaintiff and awarding him damages in the principal sum of $5,000.

Per Curiam.

Judgment (Joan M. Kenney, J.), entered on or about April 23, 2009, reversed, without costs, and action dismissed. The Clerk is directed to enter judgment accordingly.

The record is devoid of evidence that defendant was liable for payment of a sales commission to plaintiff. It is undisputed that plaintiff was hired by defendant's (non-party) brother-in-law to sell goods that were owned by that non-party. Thus, plaintiff has shown no basis upon which to impose liability on defendant, and dismissal of this small claims action achieves substantial justice consistent with substantive law principles (see CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 21, 2010