Opinion
570568/09.
Decided December 29, 2009.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered on or about March 4, 2009, after trial, in favor of defendant dismissing the action.
Judgment (Donald A. Miles, J.), entered on or about March 4, 2009, reversed, without costs, and judgment awarded in favor of plaintiff in the principal sum of $500. The Clerk is directed to enter judgment accordingly.
PRESENT: McKeon, P.J., Shulman, Hunter JJ.
The record as a whole, particularly the numerical entries in the governing automobile sales contract, establishes the occurrence of a scrivener's error resulting in plaintiff's overpayment of $500. Thus, the ends of "substantial justice" (CCA 1807) will best be served by awarding plaintiff a recovery in that amount.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur