Zherka v Dedvukaj

[*1] Zherka v Dedvukaj 2014 NY Slip Op 51441(U) Decided on October 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570463/14

Andoneta Zherka, Plaintiff-Respondent,

against

Lena Dedvukaj d/b/a Alba Kos Malesia Tours a/k/a Malesia Tour & Travel, Dede Dedvukaj d/b/a Alba Kos Malesia Tours a/k/a Malesia Tour & Travel, Alba Kos Malesia Tours, Malesia Tours & Travel, Defendants-Appellants.

Defendants appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (David B. Cohen, J.), entered on or about August 8, 2013, after trial, in favor of plaintiff and awarding her damages in the principal sum of $4,200.

Per Curiam.

Judgment (David B. Cohen, J.), entered on or about August 8, 2013, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and since the record permits a finding that defendant travel agents failed to properly issue the round trip tickets purchased and paid for by plaintiff, we find no basis to substitute our judgment for that of the trial court in reimbursing plaintiff for the cost of the return tickets whose purchase was necessitated by defendant's contractual breach.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 01, 2014