BATAC v. LMA GROUP

Full title: ARTURO P. BATAC, Plaintiff-Appellant, v. LMA GROUP, Defendant-Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 2003

570310/03 (N.Y. App. Div. Dec. 2, 2003)

Opinion

570310/03.

Decided December 2, 2003.

Plaintiff appeals from a judgment of the Civil Court, New York County, Small Claims Part, entered January 29, 2003 after trial (Cynthia S. Kern, J.) insofar as it limited his recovery to the amount of $1,000, plus interest and disbursements.

Before: Present: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ.

PER CURIAM:

Judgment entered January 29, 2003 (Cynthia S. Kern, J.) affirmed, without costs.

Defendant's default in this action was excusable as the parties had recently settled a prior small claims action which, defendant asserts, resolved all of plaintiff's disputed claims. Reaching the merits, we have reviewed the record and find no basis to increase the amount of plaintiff's recovery under our limited power of review (see, CCA § 1807).