Opinion
No. 2012–495 K C.
2013-03-21
Ken Simon, Appellant, v. Millesime Restaurant, Respondent.
Present: PESCE, P.J., WESTON and SOLOMON, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered December 28, 2011. The judgment, after an inquest, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff, a musician, commenced this small claims action to recover the sum of $300 allegedly due him for performing at defendant's premises. After an inquest, the Civil Court dismissed the action. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [2000] ), as the record supports the Civil Court's implicit determination that plaintiff's performance, at what was described to be an “audition,” forms no basis to hold defendant liable to compensate plaintiff therefor.
Accordingly, the judgment is affirmed.