Opinion
570547/04, 04-359.
Decided November 18, 2005.
Plaintiff, as limited by his brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court, Bronx County (Sharon Aarons, J.), entered on or about September 27, 2004 after trial, as limited the recovery of damages to the principal amount of $1,950.
Judgment (Sharon Aarons, J.), entered on or about September 27, 2004, affirmed, without costs.
PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
Plaintiff commenced this action seeking $3,900 in real estate commissions. While it was undisputed that the parties had entered into an agreement whereby plaintiff, a licensed real estate salesperson, would be entitled to 50% of the broker's fees on all sales procured by him, there was conflicting testimony as to whether plaintiff procured the sale in question and the amount of work performed by him in completing it. After trial, the court awarded plaintiff $1,950, or half of the commissions sought by him.
The judgment is supported by the record and achieves substantial justice in accordance with the rules and principles of substantive law (CCA 1804, 1807). There is no basis to disturb the court's determination which rests in large measure on considerations involving the credibility of witnesses ( see Williams v. Roper, 269 AD2d 125, appeal dismissed 95 NY2d 898).
This constitutes the decision and order of the court.