Opinion
570884/03.
Decided August 12, 2004.
Plaintiff, as limited by her briefs, appeals from so much of a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about September 24, 2003 after trial (Paul G. Feinman, J.) as limited her recovery of damages to the principal sum of $500.
Judgment entered on or about September 24, 2003 (Paul G. Feinman, J.) affirmed, without costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The verdict issued upon the trial of this small claims action, limiting plaintiff's aggregate recovery to $500, is supported by a fair interpretation of the evidence and achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807; see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). The trial court, as finder of fact, was entitled to accept or reject either side's expert opinion evidence in whole or in part ( see Mejia v. JMM Audubon, Inc., 1 AD3d 201, 262), and no basis is shown to disturb the court's express determination that one of the dental procedures undertaken by defendant was satisfactorily performed and that another was "fully explained and consented to by the plaintiff." The record discloses no errors in the conduct of the trial, and clearly none warranting reversal under the narrow review standard here applicable (CCA 1807; see Ellis v. Collegetown Plaza, LLC, 301 AD2d 758, 759).
This constitutes the decision and order of the court.