Alexandria Jewelry, Inc. v Gallagher & Gallagher

[*1] Alexandria Jewelry, Inc. v Gallagher & Gallagher 2013 NY Slip Op 52132(U) Decided on December 17, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 17, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Torres, JJ
570472/13.

Alexandria Jewelry, Inc., Plaintiff-Appellant,

against

Gallagher & Gallagher,

December 17, 2013 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT November 2013 Term Lowe, III, P.J., Hunter, Jr., Torres, JJ.Alexandria Jewelry, Inc.,NY County Clerk's No. Plaintiff-Appellant,570472/13 -against- Gallagher & Gallagher,Calendar No. 13-262 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 (Andrea Masley, J.), entered on or about June 8, 2011, after trial, in favor of defendant dismissing the main action and awarding defendant a recovery in the principal sum of $1,742.50 on its counterclaim.Per Curiam. Judgment (Andrea Masley, J.), entered on or about June 8, 2011, affirmed, without costs, for the reasons stated by Andrea Masley, J. at Civil Court. Applying the narrow standard of review governing appeals in commercial small claims actions (CCA 1807-A(a); see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), and giving due deference to the detailed factual findings set forth in the trial court's comprehensive written decision, we sustain the dismissal after trial of plaintiff's main action and the award issued in favor of defendant on its counterclaim. The evidence, fairly interpreted, supports the court's ultimate determination that "plaintiff engaged defendant to create a web site and that defendant did so, but defendant was not paid [the balance due] for its services." THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: December 17, 2013 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 (Andrea Masley, J.), entered on or about June 8, 2011, after trial, in favor of defendant dismissing the main action and awarding defendant a recovery in the principal sum of $1,742.50 on its counterclaim.

Per Curiam.

Judgment (Andrea Masley, J.), entered on or about June 8, 2011, affirmed, without costs, for the reasons stated by Andrea Masley, J. at Civil Court.

Applying the narrow standard of review governing appeals in commercial small claims actions (CCA 1807-A(a); see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), and giving due deference to the detailed factual findings set forth in the trial court's comprehensive written decision, we sustain the dismissal after trial of plaintiff's main action and the award issued in favor of defendant on its counterclaim. The evidence, fairly interpreted, supports the court's ultimate determination that "plaintiff engaged defendant to create a web site and that defendant did so, but defendant was not paid [the balance due] for its services."

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 17, 2013