Marguez v Marciano

[*1] Marguez v Marciano 2009 NY Slip Op 52646(U) [26 Misc 3d 129(A)] Decided on December 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter JJ
570568/09.

Samuel Marguez, Plaintiff-Appellant,

against

John Marciano, d/b/a Long Island City Hyundai/Mitsubishi, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered on or about March 4, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Donald A. Miles, J.), entered on or about March 4, 2009, reversed, without costs, and judgment awarded in favor of plaintiff in the principal sum of $500. The Clerk is directed to enter judgment accordingly.

The record as a whole, particularly the numerical entries in the governing automobile sales contract, establishes the occurrence of a scrivener's error resulting in plaintiff's overpayment of $500. Thus, the ends of "substantial justice" (CCA 1807) will best be served by awarding plaintiff a recovery in that amount.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: December 29, 2009