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Heredia v. Withers Bergman, LLP

Appellate Term of the Supreme Court of New York, First Department
Jan 4, 2006
2006 N.Y. Slip Op. 50002 (N.Y. App. Term 2006)

Opinion

570436/05.

Decided January 4, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Debra Rose Samuels, J.), entered September 28, 2004 after trial in favor of defendant dismissing the action.

Judgment (Debra Rose Samuels, J.), entered September 28, 2004, affirmed, without costs.

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ


The judgment in defendant's favor achieved "substantial justice" in accordance with the rules and principles of substantive law (CCA 1807). Plaintiff's own testimony demonstrated that she was employed and paid by Career Blazers, a temporary employment agency, and assigned to defendant. Plaintiff failed to establish that defendant made a sufficiently definite offer of employment such that its unequivocal acceptance could give rise to an enforceable contract ( see Express Indus. Terminal Corp. v. New York State Dept. of Transp., 93 NY2d 584, 589-90).

This constitutes the decision and order of the court.


Summaries of

Heredia v. Withers Bergman, LLP

Appellate Term of the Supreme Court of New York, First Department
Jan 4, 2006
2006 N.Y. Slip Op. 50002 (N.Y. App. Term 2006)
Case details for

Heredia v. Withers Bergman, LLP

Case Details

Full title:WENDY HEREDIA, Plaintiff-Appellant, v. WITHERS BERGMAN, LLP…

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

Date published: Jan 4, 2006

Citations

2006 N.Y. Slip Op. 50002 (N.Y. App. Term 2006)
814 N.Y.S.2d 561