Opinion
570120/04.
Decided September 17, 2004.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about October 15, 2003 after trial (Geoffrey D. Wright, J.) in favor of defendant dismissing the action.
Judgment entered on or about October 15, 2003 (Geoffrey D. Wright, J.) affirmed, without costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law." (CCA 1807; see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898.) Applying that limited review standard here, and since the record permits a finding that defendant substantially performed the terms of the parties' oral software design agreement, we find no basis to substitute our judgment for that of the trial court in dismissing the action.
This constitutes the decision and order of the court.