Bailey v Johnson

[*1] Bailey v Johnson 2010 NY Slip Op 51974(U) [29 Misc 3d 135(A)] Decided on November 17, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570811/09.

Jessica Bailey, Plaintiff-Respondent,

against

Ron Johnson, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York (Debra Rose Samuels, J.), entered on or about June 18, 2009, after trial, awarding plaintiff the principal sum of $400.00.

Per Curiam.

Judgment (Debra Rose Samuels, J.), entered on or about June 18, 2009, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence, fairly interpreted, supports the trial court's credibility-laden determination that plaintiff was entitled to a partial refund of the retainer she paid defendant, whom plaintiff hired to perform certain wedding planning services.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 17, 2010