Lojano v Hynard

[*1] Lojano v Hynard 2010 NY Slip Op 51195(U) [28 Misc 3d 128(A)] Decided on July 7, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through July 9, 2010; it will not be published in the printed Official Reports.

Decided on July 7, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2009-2404 W C.

Susana Lojano, Respondent,

against

Paul O. Hynard, Appellant.

Appeal from a judgment of the City Court of Mount Vernon, Westchester County (Adam Seiden, J.), entered July 20, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $570 and dismissed the counterclaim.

ORDERED that the judgment is affirmed without costs.

Plaintiff commenced this small claims action to recover damages for breach of contract, and defendant interposed a counterclaim seeking to recover for services rendered. After a nonjury trial, the City Court awarded plaintiff the principal sum of $570 and dismissed the counterclaim. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Williams v Roper, 269 AD2d 125, 126 [2000]). The testimony adduced at trial established that defendant breached the contract by failing to provide the services required by the parties' agreement.

As the record amply supports the trial court's determination, the judgment is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: July 07, 2010