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Munson v. Business

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
May 22, 2014
43 Misc. 3d 144 (N.Y. App. Term 2014)

Opinion

No. 2012–1374 KC.

2014-05-22

Sandra MUNSON, Respondent, v. Mohammed HASSAN doing business as Tops Kitchen & Tile, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered February 23, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,275.49.

ORDERED that the judgment is affirmed, without costs.

Plaintiff hired defendant, a contractor, to perform work in her home. After plaintiff found some of defendant's work unsatisfactory, she commenced this small claims action, alleging a breach of contract. Thereafter, the parties entered into a stipulation of settlement dated May 3, 2011, pursuant to which defendant was to make specified repairs to plaintiff's home on or before June 30, 2011. In the event defendant failed to make the specified repairs, plaintiff could restore the case to the calendar. In July 2011, the case was restored to the calendar, and a nonjury trial was held. Following the trial, the Civil Court awarded plaintiff the principal sum of $2,275.49.

Upon a review of the record, we find that the judgment in favor of plaintiff rendered substantial justice between the parties according to the rules and principles of substantive law ( see CCA 1804, 1807; Ross v. Friedman, 269 A.D.2d 584 [2000]; Williams v. Roper, 269 A.D.2d 125 [2000] ). Accordingly, the judgment is affirmed.

WESTON, J.P., ALIOTTA and SOLOMON, JJ., concur.


Summaries of

Munson v. Business

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
May 22, 2014
43 Misc. 3d 144 (N.Y. App. Term 2014)
Case details for

Munson v. Business

Case Details

Full title:Sandra MUNSON, Respondent, v. Mohammed HASSAN doing business as Tops…

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: May 22, 2014

Citations

43 Misc. 3d 144 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 50882
993 N.Y.S.2d 644