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Yoryi Castillo v. Versailles Furniture Corp

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 3, 2010

YORYI CASTILLO,
PLAINTIFF-RESPONDENT,
v.
VERSAILLES FURNITURE CORP., DEFENDANT-APPELLANT.

Per curiam.

Castillo v Versailles Furniture Corp.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 3, 2010

PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ

Defendant appeals, in effect, from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about October 23, 2008, after a hearing regarding defendant's compliance with a stipulation of settlement resolving this action, in favor of plaintiff in the principal amount of $919.00.

Judgment (Tanya R. Kennedy, J.), entered on or about October 23, 2008, modified to reduce the principal amount awarded to plaintiff from $919.00 to $438.00; as modified, affirmed, without costs.

Applying the narrow review standard in this small claims action (see CCA 1807), and giving appropriate deference to the court's findings of fact and credibility determinations (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the court's finding that defendant breached the terms of the stipulation. However, to achieve substantial justice between the parties (see CCA 1807; Guzman v Ken Ben Indus., Ltd., 28 Misc 3d 131[A], 2010 NY Slip Op 51289[U] [2010]), we modify the damages awarded to plaintiff to reflect a $481 refund plaintiff received prior to the parties' execution of the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 03, 2010

20101203

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