Opinion
No. 570600/23
05-21-2024
Dr. Daniel Kaplan, Plaintiff-Respondent, v. Shira Annenberg, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Kim M. Parker, J.), entered December 29, 2022, after trial, in favor of plaintiff and awarding him damages in the principal sum of $3,357, and dismissing defendant's counterclaim.
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM.
Judgment (Kim M. Parker, J.), entered December 29, 2022, affirmed, without costs.
The small claims judgment in plaintiff's favor, awarding $3,357 in damages for unpaid dental services, is supported by a fair interpretation of the evidence and achieved substantial justice consistent with substantive law principles (CCA 1804, 1807; see Williams v Roper, 269 A.D.2d 125 [2000], lv dismissed 95 N.Y.2d 898 [2000]). The trial court, as finder of fact, was entitled to credit plaintiff dentist's testimony that the dental procedures undertaken were satisfactorily performed and that one of defendant's implants was already damaged when plaintiff began his treatment upon the adjacent implant. Defendant's counterclaim was properly dismissed, since she failed to present competent evidence that plaintiff departed from accepted dental procedures in treating the broken implant, which was fatal to her dental malpractice claim, even in the context of this small claims action (see Prosina v Tone, 9 Misc.3d 133 [A], 2005 NY Slip Op 51647[U] [App Term, 1st Dept 2005]; Streeter v Ackerman, 2003 NY Slip Op 51199[U] [App Term, 1st Dept 2003]).