Opinion
No. 570218/14.
06-09-2014
Boris TEICHMAN, Plaintiff–Appellant, v. John ARNOW, Defendant–Respondent.
Opinion
Judgment (Jennifer G. Schecter, J.), entered on or about October 17, 2013, affirmed, without costs.
The verdict issued upon the trial of this small claims action, dismissing plaintiff's lone remaining breach of contract claim against the defendant dentist, achieved substantial justice consistent with substantive law principles (see CCA 1804, 1807), plaintiff having failed to establish that defendant made “an express special promise to effect a cure or accomplish some definite result” (Clarke v. Mikail, 238 A.D.2d 538, 538 [1997] ). Nor did the court abuse its discretion in denying plaintiff's eve-of-trial application for a further adjournment of this matter previously marked “final.”
I concur.