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ROLE v. ALPHA DISPLAYS CO. INC.

Appellate Term of the Supreme Court of New York, First Department
Jun 4, 2004
2004 N.Y. Slip Op. 50634 (N.Y. App. Term 2004)

Opinion

570783/03.

Decided June 4, 2004.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about July 17, 2003 after trial (Saliann Scarpulla, J.) in favor of defendant dismissing the action.

Judgment entered on or about July 17, 2003 (Saliann Scarpulla, J.) affirmed, without costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.


A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see, Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). Applying that limited standard of review, we find no cause to substitute our judgment for that of the trial court in dismissing the action after a thorough hearing. No showing was made that plaintiff was entitled to a raise or additional vacation time from defendant, whose representative testified credibly that plaintiff's performance did not merit a raise, and documented that plaintiff had already been paid for more vacation time than the parties had originally agreed upon.

This constitutes the decision and order of the court.


Summaries of

ROLE v. ALPHA DISPLAYS CO. INC.

Appellate Term of the Supreme Court of New York, First Department
Jun 4, 2004
2004 N.Y. Slip Op. 50634 (N.Y. App. Term 2004)
Case details for

ROLE v. ALPHA DISPLAYS CO. INC.

Case Details

Full title:ELOY A. ROLE, Plaintiff-Appellant, v. ALPHA DISPLAYS CO. INC.…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 4, 2004

Citations

2004 N.Y. Slip Op. 50634 (N.Y. App. Term 2004)