Opinion
No. 570478/12.
2012-08-28
ABC REALTY INC., Plaintiff–Appellant, v. LAM GENERATIONS, LLC, Defendant–Respondent.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered on or about November 1, 2011, after trial, in favor of defendant dismissing the action.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Judgment (Tanya R. Kennedy, J.), entered on or about November 1, 2011, affirmed, without costs.
Dismissal of this small claims action seeking recovery of a real estate broker's commission achieved “substantial justice” consistent with substantive law principles ( see CCA 1804, 1807). There is no basis to disturb the trial court's express finding, which rests in large measure on the credibility of the witnesses, that there was no express or implied agreement between the parties requiring defendant to pay a commission (A–1 Realty Network of Homes, Inc. v. Kwang Ho Kim, 34 AD3d 705, 706[2006). The record shows, and it is essentially undisputed, that the clause in the governing “registration form” requiring defendant's payment of a commission was mutually stricken. The court, as fact finder, could also properly reject the unsubstantiated claim that defendant orally agreed to pay any such commission.