Opinion
2014-338 N C
07-27-2015
Point Electric, Inc., Appellant, v. Bert Tobin, Respondent.
PRESENT: :
Appeal from a judgment of the District Court of Nassau County, Third District (Joy M. Watson, J.), entered March 29, 2013. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this commercial claims action to recover the sum of $1,749 for electrical work rendered. After a nonjury trial, the District Court dismissed the action.
In a commercial claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A [a]; see UDCA 1804-A; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). The record establishes that a settlement meeting was held between the parties to resolve their dispute with respect to the balance due on their contract. Defendant gave plaintiff a check for $720, which was marked as the "final balance." Plaintiff cashed the check. Under these circumstances, we find that the parties' actions constituted an accord and satisfaction (see Congregation Chachmei Sefarad v Dickman, 198 AD2d 395 [1993]; Auster v Springut, 42 Misc 3d 145[A], 2014 NY Slip Op 50342[U] [App Term, 9th & 10th Jud Dists 2014]). Consequently, the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804-A, 1807-A [a]; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d at 126).
Accordingly, the judgment is affirmed.
Iannacci, J.P., Tolbert and Connolly, JJ., concur.
Decision Date: July 27, 2015