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Terry Wallace, Plaintiff-Appellant v. Ernest A. Robertson

December 29, 2011

TERRY WALLACE, PLAINTIFF-APPELLANT,
v.
ERNEST A. ROBERTSON, D.D.S.,



Plaintiff, as limited by her brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about June 17, 2010, after trial, which limited her recovery of damages to the principal sum of $238.88.

Per curiam.

Wallace v Robertson

Decided on December 29, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Judgment (Arlene P. Bluth, J.), entered on or about June 17, 2010, affirmed, without costs, for the reasons stated by Arlene P. Bluth, J. at Civil Court.

We agree that the amount of the damage award issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" (CCA 1804, 1807), and was neither inadequate nor unreasonable (see Ash v McAllister, 26 Misc 3d 143[A], 2010 NY Slip Op 50388[U] [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 29, 2011

20111229

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