Opinion
570771/07.
Decided on February 8, 2008.
Defendants appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Cynthia S. Kern, J.), entered on or about May 21, 2007, after trial, in favor of plaintiff and awarding it damages in the principal sum of $5,000.
Judgment (Cynthia S. Kern, J.), entered on or about May 21, 2007, affirmed, without costs.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.
Liability was properly imposed on the individual defendant (Scaravelli), who initialed each page of the governing "Manufacturer-Sales Agency" contract and rider as "Manufacturer" without use of any corporate designation. That the liability issue may be close does not warrant appellate intervention. "[A] small claims judgment may not be overturned simply because the determination appealed from involves an arguable point on which an appellate court may differ; the deviation from substantive law must be readily apparent and the court's determination clearly erroneous." ( Schiffman v Deluxe Caterers of Shelter Rock, 100 AD2d 846, 846-847). The record herein establishes that the trial court's determination met the governing "substantial justice" standard (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.