Seven Star Fuel Corp. v Boodhoo

[*1] Seven Star Fuel Corp. v Boodhoo 2010 NY Slip Op 50231(U) [26 Misc 3d 139(A)] Decided on February 17, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through February 26, 2010; it will not be published in the printed Official Reports.

Decided on February 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570785/09.

Seven Star Fuel Corp., Plaintiff-Respondent,

against

Basmatie Boodhoo,

Seven Star Fuel Corp., NY County Clerk's No. Plaintiff-Respondent,570785/09 -against- Basmatie Boodhoo,Calendar No. 10-014 Defendant-Appellant. Defendant appeals from a judgment of the Small Claims Part of Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about August 11, 2009, after trial, in favor of plaintiff and awarding it damages in the sum of $1,677.32. Per Curiam. Judgment (Fernando Tapia, J.), entered on or about August 11, 2009, affirmed, without costs. The judgment in plaintiff's favor achieved substantial justice between the parties in accordance with the rules and principles of substantive law (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The trial evidence supports a finding that plaintiff made two oil deliveries to properties owned by defendant, at defendant's behest, for which defendant refused to pay. The evidence also supports a finding that defendant was responsible for the late charges billed for as a result of defendant's failure to timely pay for the oil. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: February 17, 2010