Munson v Hassan

[*1] ? 2014 NY Slip Op 50882(U) Decided on May 22, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 22, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ.
2012-1374 K C

Sandra Munson, Respondent,

against

Mohammed Hassan Doing Business as TOPS KITCHEN & TILE, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered February 23, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,275.49.

ORDERED that the judgment is affirmed, without costs.

Plaintiff hired defendant, a contractor, to perform work in her home. After plaintiff found some of defendant's work unsatisfactory, she commenced this small claims action, alleging a breach of contract. Thereafter, the parties entered into a stipulation of settlement dated May 3, 2011, pursuant to which defendant was to make specified repairs to plaintiff's home on or before June 30, 2011. In the event defendant failed to make the specified repairs, plaintiff could restore the case to the calendar. In July 2011, the case was restored to the calendar, and a nonjury trial was held. Following the trial, the Civil Court awarded plaintiff the principal sum of $2,275.49.

Upon a review of the record, we find that the judgment in favor of plaintiff rendered substantial justice between the parties according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). Accordingly, the judgment is affirmed.

Weston, J.P., Aliotta and Solomon, JJ., concur.

Decision Date: May 22, 2014