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Ken Simon, Appellant v. Millesime Restaurant

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


March 21, 2013

KEN SIMON, APPELLANT, --
v.
MILLESIME RESTAURANT, RESPONDENT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered December 28, 2011.

Simon v Millesime Rest.

Decided on March 21, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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., WESTON and SOLOMON, JJ

The judgment, after an inquest, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff, a musician, commenced this small claims action to recover the sum of $300 allegedly due him for performing at defendant's premises. After an inquest, the Civil Court dismissed the action. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]), as the record supports the Civil Court's implicit determination that plaintiff's performance, at what was described to be an "audition," forms no basis to hold defendant liable to compensate plaintiff therefor.

Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Solomon, JJ., concur. Decision Date: March 21, 2013

20130321

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