Pat Sementa Plumbing Heating Co., Inc. v Joe

[*1] Pat Sementa Plumbing Heating Co., Inc. v Joe 2012 NY Slip Op 50500(U) Decided on March 20, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 20, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
.

Pat Sementa Plumbing Heating Co., Inc., Plaintiff-Respondent,

against

Doris Joe, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Jose A. Padilla, Jr., J.), entered on or about May 11, 2011, after trial, in favor of plaintiff and awarding it damages in the principal sum of $106.86.

Per Curiam.

Judgment (Jose A. Padilla, Jr., J.), entered on or about May 11, 2011, affirmed, without costs.

The small claims judgment, representing the balance ($106.86) shown to be due for plumbing services rendered by plaintiff at defendant's request, finds support in the record and accomplished "substantial justice" (CCA 1804, 1807) between the parties. Although the trial court did not render a decision in conformity with CPLR 4213(b), we find, upon our independent factual review of the complete record (see Weckstein v Breitbart, 111 AD2d 618 [1995]), that the record supports the court's determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 20, 2012