Mischner v Collection

[*1] Mischner v Collection 2009 NY Slip Op 50286(U) [22 Misc 3d 136(A)] Decided on February 20, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570563/08.

Ann Mischner, Plaintiff-Respondent,

against

Jane Collection and Jennifer Collection, 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 (Saliann Scarpulla, J.), entered on or about January 11, 2008, after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $1,935.

Per Curiam.

Judgment (Saliann Scarpulla, J.), entered on or about January 11, 2008, affirmed, without costs.

The judgment in plaintiff's favor achieved "substantial justice" consistent with substantive principles of law (CCA 1804, 1807). The trial evidence permits a finding that the wedding dress contracted for was defective and properly rejected by plaintiff.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2009