Opinion
570320/05, 05-220.
Decided November 16, 2005.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Geoffrey D. Wright, J.), entered June 10, 2004, in favor of defendant dismissing the action and awarding him damages in the amount of $1203.37 on his counterclaim.
Judgment (Geoffrey D. Wright, J.) entered June 10, 2004, affirmed, without costs.
PRESENT:McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
The record and the ends of substantial justice (CCA 1804, 1807) support the dismissal after trial of this small claims action, where plaintiff failed to present any competent evidence to support his claim that the legal services rendered by the defendant were "defective". Having affirmatively elected to proceed to trial despite the court's offer to adjourn the matter, plaintiff may not now urge as error the court's failure to "sua sponte" adjourn the proceeding for plaintiff to obtain an expert. We also find unavailing the claim that plaintiff, who was aided by a court interpreter, was unable to understand the proceedings.
This constitutes the decision and order of the court.