Kao v Lin

[*1] Kao v Lin 2009 NY Slip Op 50868(U) [23 Misc 3d 137(A)] Decided on May 6, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570215/09.

Kathy C. Kao, Plaintiff-Appellant,

against

Andrew Y. Lin, Defendant-Respondent.

Plaintiff, as limited by her brief, appeals from that portion of a judgment of the Civil Court of the City of New York, New York County (Matthew F. Cooper, J.), entered on or about September 3, 2008, after trial, which limited her recovery of damages to the principal sum of $l,000.

Per Curiam.
Judgment (Matthew F. Cooper, J.), entered on or
about September 3, 2008, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. The court's determination to award plaintiff only a partial refund of the retainer fee — a decision based in large measure upon its negative assessment of plaintiff's credibility — is fully supported by the record evidence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 06, 2009