Opinion
570636/04, 04-411.
Decided November 29, 2005.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Geoffrey D. Wright, J.), entered on or about March 3, 2003 after trial, in favor of defendant dismissing the action.
Judgment entered on or about March 3, 2003 (Geoffrey D. Wright, J.), affirmed, without costs.
PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing this small claims action (CCA 1807; see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). The evidence, fairly interpreted, supports a finding that the defendant real estate broker satisfactorily performed its contractual obligations and that plaintiff seller suffered no damages as a result of defendant's "defective" services. We note that plaintiff's condominium apartment was sold within one month of the parties' listing agreement at a purchase price exceeding the asking price in this co-brokered transaction. On this record and applying the narrow standard of review governing appeals in small claims actions, we find no basis to disturb the factual findings made by the trial court.
This constitutes the decision and order of the court.