LMHC v. Craig Herskowitz, Defendant-Appellant. (2024)

Per Curiam.

Judgment (Jose A. Padilla, Jr., J.), entered March 15, 2023, affirmed, without costs.

The amount of the damage award ($1,200) issued in plaintiff's favor upon the trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807). Defendant concedes he owes $400 for two February 2022 therapy sessions he attended with plaintiff, a licensed mental health counselor. A fair interpretation of the evidence also supports the award of an additional $800 for four more scheduled therapy sessions that were either missed by defendant, or untimely cancelled or cancelled and not rescheduled, as required by plaintiff's stated cancellation policy. Findings of fact which rest in large measure on the credibility of witnesses should not be disturbed on appeal, particularly given the limited standard of review applicable to judgments rendered in the Small Claims Part (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 17, 2024