Kotler v Nathanson

[*1] Kotler v Nathanson 2006 NY Slip Op 52228(U) [13 Misc 3d 138(A)] Decided on October 27, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2005-1871 N C.

Simon Kotler, Appellant,

against

Mitchell Nathanson, Respondent.

Appeal from a judgment of the District Court of Nassau County, Second District (Bonnie P. Chaiken, J.), entered on July 1, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action to recover damages in the sum of $4,539, the evidence adduced at trial failed to establish that plaintiff sustained damages when defendant, acting as an attorney in an unrelated case, sought to enforce a judgment entered in the Supreme Court against the instant plaintiff who was named as a defendant in that action. Upon a review of the record, it cannot be said that the determination of the court below was so clearly erroneous or shocking as to fail to render substantial justice between the parties (UDCA 1807; see Forte v Bielecki, 118 AD2d 620, 621 [1986]). Moreover, plaintiff's contentions are either without merit or improperly raised for the first time on appeal and not preserved for appellate review (see Burelle v Gilbert, 9 Misc 3d 127[A], 2005 NY Slip Op 51471[U] [App Term, 9th & 10th Jud Dists]).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur. [*2]
Decision Date: October 27, 2006