Teichman v Arnow

[*1] Teichman v Arnow 2014 NY Slip Op 50897(U) Decided on June 9, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 9, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
570218/14

Boris Teichman, Plaintiff-Appellant,

against

John Arnow, 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 (Jennifer G. Schecter, J.), entered on or about October 17, 2013, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Jennifer G. Schecter, J.), entered on or about October 17, 2013, affirmed, without costs.

The verdict issued upon the trial of this small claims action, dismissing plaintiff's lone remaining breach of contract claim against the defendant dentist, achieved substantial justice consistent with substantive law principles (see CCA 1804, 1807), plaintiff having failed to establish that defendant made "an express special promise to effect a cure or accomplish some definite result" (Clarke v Mikail, 238 AD2d 538, 538 [1997]). Nor did the court abuse its discretion in denying plaintiff's eve-of-trial application for a further adjournment of this matter previously marked "final."

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: June 09, 2014