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Driscoll v. Falk

Appellate Term of the Supreme Court of New York, First Department
Dec 19, 2008
2008 N.Y. Slip Op. 52537 (N.Y. App. Term 2008)

Opinion

570924/07.

Decided December 19, 2008.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered on or about August 21, 2007, after trial, in favor of defendant dismissing the action.

Judgment (Manuel J. Mendez, J.), entered on or about August 21, 2007, affirmed, without costs.

PRESENT: McKeon, P.J., Davis, Heitler, JJ.


The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing the small claims action (CCA 1804, 1807). Plaintiff failed to establish that the defendant accountant deviated from accepted standards of practice in preparing his tax return or that plaintiff sustained any cognizable damages as a result of any departure that may have occurred ( see D.D. Hamilton Textiles, Inc. v Estate of Mate, 269 AD2d 214).

THIS CONSTITUTES THE DECISION AND ORDER OF THIS COURT.


Summaries of

Driscoll v. Falk

Appellate Term of the Supreme Court of New York, First Department
Dec 19, 2008
2008 N.Y. Slip Op. 52537 (N.Y. App. Term 2008)
Case details for

Driscoll v. Falk

Case Details

Full title:MICHAEL DRISCOLL, Plaintiff-Appellant, v. MARC FALK, Defendant-Respondent

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

Date published: Dec 19, 2008

Citations

2008 N.Y. Slip Op. 52537 (N.Y. App. Term 2008)