Stafford v Health Med. Supplies, Inc.

[*1] Stafford v Health Med. Supplies, Inc. 2013 NY Slip Op 50823(U) Decided on May 21, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570223/13.

Yvonne Stafford, Plaintiff-Appellant,

against

Health Medical Supplies, Inc., Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Ruben A. Martino, J.), entered on or about July 16, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Ruben A. Martino, J.), entered on or about July 16, 2012, affirmed, without costs.

Dismissal of this small claims action seeking recovery of a real estate broker's commission achieved "substantial justice" consistent with substantive law principles (see CCA 1804, 1807). There is no basis to disturb the trial court's express finding, which rests in large measure on the credibility of the witnesses, that there was no enforceable agreement, express or implied, between the parties requiring defendant, the lessee of commercial space, to pay plaintiff's commission (see Van Arsdale v Cross & Brown Co., 220 App Div 457, 458 [1927], affd 249 NY 539 [1928]). The record establishes that plaintiff's brokerage agreement was with the (nonparty) lessor and that it actually received payment of a reduced commission from the lessor.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2013