SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
November 30, 2011
IRA BAER, APPELLANT,
COMPLETE OFFICE SUPPLY WAREHOUSE CORP., RESPONDENT.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered August 3, 2010.
Baer v Complete Off. Supply Warehouse Corp.
Decided on November 30, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ
The judgment, after a non-jury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action against defendant, his former employer, to recover the sum of $930.80, representing the legal fees and expenses he had allegedly incurred in a hearing to recover unemployment benefits. Following a non-jury trial, the Civil Court dismissed the action.
A small claims judgment will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 ). Upon a review of the record, we find no basis to disturb the determination of the Civil Court that the action should be dismissed, as there was no merit to plaintiff's substantive claims. Accordingly, the judgment is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: November 30, 2011
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