Desser v Estate of Sol Goldman

[*1] Desser v Estate of Sol Goldman 2009 NY Slip Op 50962(U) [23 Misc 3d 139(A)] Decided on May 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, JJ
.

Stuart Desser, Plaintiff-Appellant, 570445/08

against

Estate of Sol Goldman,

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered on or about January 31, 2007, after trial, in favor of defendant dismissing the action.

Per Curiam.
Judgment (Ernest J. Cavallo, J.), entered on or about January 31, 2007, affirmed, without costs, for the reasons stated by Ernest J. Cavallo, J. at Civil Court.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing the small claims action (CCA 1804, 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur
Decision Date: May 19, 2009