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Westervelt Estates, LLC v. Damon Uzzle

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


July 7, 2011

WESTERVELT ESTATES, LLC,
RESPONDENT,
v.
DAMON UZZLE,
APPELLANT.

Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Katherine Levine, J.), entered January 20, 2010. The judgment, after a non-jury trial, awarded plaintiff the principal sum of $1,500.

Westervelt Estates, LLC v Uzzle

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2011

PRESENT: WESTON, J.P., PESCE and RIOS, JJ

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action seeking, in essence, restitution. After a non-jury trial, the Civil Court awarded plaintiff the principal sum of $1,500.

The facts adduced at the trial established that, pursuant to the terms of a settlement agreement, defendant was entitled to the sum of $5,000 and that plaintiff had subsequently overpaid defendant. Consequently, plaintiff was entitled to a refund. As defendant has failed to demonstrate that he was denied substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]), we find no basis to disturb the judgment. Accordingly, the judgment is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur.

Decision Date: July 07, 2011

20110707

© 1992-2011 VersusLaw Inc.



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