Lee v Foster

[*1] Lee v Foster 2005 NYSlipOp 51030(U) Decided on June 27, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
2004-1098 Q C

Edmina C. Lee, Appellant,

against

Cleveland Foster, Respondent.

Appeal by plaintiff on the ground of inadequacy from a small claims judgment of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered June 24, 2003, awarding her the principal sum of $379.

Judgment unanimously affirmed without costs.

Plaintiff commenced this small claims action against defendant to recover the $750 she paid defendant to remove the old pipes in her house and replace them with copper pipes. Plaintiff appeals from the judgment, which awarded her the principal sum of $379, on the ground of inadequacy. Inasmuch as the record demonstrates that substantial justice was done between the parties according to the rules and principles of substantive law, there is no basis for reversal and the judgment is affirmed (CCA 1807; Moses v Randolph, 236 AD2d 706, 707 [1997]; see also Ross v Friedman, 269 AD2d 584 [2000]; Makas v Every, 224 AD2d 793 [1996]).
Decision Date: June 27, 2005