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AEP ENG'G v. BASEBALL TEL.

Appellate Term of the Supreme Court of New York, First Department
Mar 19, 2004
2004 N.Y. Slip Op. 50181 (N.Y. App. Term 2004)

Opinion

570750/03.

Decided March 19, 2004.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about November 8, 2001 after a nonjury trial (Paul G. Feinman, J.) in favor of defendant dismissing the action. Defendant cross-appeals from so much of the aforesaid judgment as dismissed its counterclaim.

Judgment entered on or about November 8, 2001 (Paul G. Feinman, J.) affirmed, without costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P. HON. WILLIAM J. DAVIS HON. PHYLLIS GANGEL-JACOB, Justices.


The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807; Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898) and is not disturbed. The trial court could reasonably credit the testimony of defendant's witness that installation of the steel chandelier was included in the original agreement for "all structural steel work," as proposed by plaintiff, and did not constitute additional work to be paid for separately. New matter submitted by plaintiff-appellant dehors the record, is not properly considered on appeal.

Defendant's cross appeal, not having been briefed, is deemed abandoned.

This constitutes the decision and order of the court.


Summaries of

AEP ENG'G v. BASEBALL TEL.

Appellate Term of the Supreme Court of New York, First Department
Mar 19, 2004
2004 N.Y. Slip Op. 50181 (N.Y. App. Term 2004)
Case details for

AEP ENG'G v. BASEBALL TEL.

Case Details

Full title:AEP ENGINEERING, Plaintiff-Appellant, v. BASEBALL TELEVISION, INC.…

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

Date published: Mar 19, 2004

Citations

2004 N.Y. Slip Op. 50181 (N.Y. App. Term 2004)