Opinion
2003-1344 QC.
Decided May 30, 2006.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), entered on March 27, 2003. The judgment, after a nonjury trial, awarded plaintiff the sum of $3,000.
Judgment affirmed without costs.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
On appeal from the judgment in this small claims action, the only issue raised by the defendant relates to her unsuccessful attempt at trial to assert a counterclaim. While a defendant retains the right to interpose a counterclaim at the time of the hearing (Uniform Rules for the New York City Civil Court [ 22 NYCRR] § 208.41 [i]; see CCA 1803 [c]), in the case at bar, defendant failed to assert a cognizable counterclaim. Therefore, substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1807).
Weston Patterson, J.P., Golia and Belen, JJ., concur.