Paul Signs, Inc. v Razzle Kiddazzle

[*1] Paul Signs, Inc. v Razzle Kiddazzle 2006 NY Slip Op 51876(U) [13 Misc 3d 132(A)] Decided on October 2, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 2, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-1625 K C.

Paul Signs, Inc., Respondent,

against

Razzle Kiddazzle, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered March 3, 2005. The judgment awarded plaintiff the principal sum of $3,930.50 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

Upon a review of the limited record brought before the court in this commercial claims action to enforce a mechanic's lien, substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1804-A, 1807-A [a]). After hearing the testimony of the parties, the court credited plaintiff's version of the events, and within the limited scope of review available in the commercial
claims context (see Katz v Khaimov, 12 Misc 3d 134[A], 2006 NY Slip Op 51198[U] [App Term, 2d & 11th Jud Dists]; Farkas v Schwartzenberger, 11 Misc 3d 129[A], 2006 NY Slip Op 50296[U] [App Term, 2d & 11th Jud Dists]), defendant has shown no grounds upon which to disturb this result (see Ross v Friedman, 269 AD2d 584 [2000]).

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: October 02, 2006