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.