CORDELL REEH v. FUKS (2023)

Supreme Court, Appellate Term, New York,

Danica A. CORDELL-REEH, Plaintiff-Appellant, v. Mali FUKS, Defendant-Respondent.

570799 /23

Decided: September 28, 2023

PRESENT: Hagler, P.J., Brigantti, James, JJ.

Judgment (Kim M. Parker, J.), entered June 29, 2022, affirmed, without costs.

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). Applying this narrow standard of review, and giving due deference to the trial court's express findings of fact and its negative assessment of plaintiff's credibility (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the judgment of the trial court dismissing plaintiff's breach of contract action. The evidence, fairly interpreted, supports the finding that plaintiff failed to establish that she is entitled to compensation from defendant for real estate research services allegedly performed after August 2014.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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