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LUTH v. GOODSTEIN REALTY, INC.

Appellate Term of the Supreme Court of New York, First Department
Jun 13, 2006
2006 N.Y. Slip Op. 51113 (N.Y. App. Term 2006)

Opinion

570850/05.

Decided June 13, 2006.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Geoffrey D. Wright, J.), entered on or about September 14, 2004, after trial, in favor of plaintiff and awarding her damages in the principal amount of $3,203.59.

Judgment (Geoffrey D. Wright, J.), entered on or about September 14, 2004, affirmed, without costs.

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ


PER CURIAM:

The small claims judgment awarding plaintiff a recovery of the real estate commissions shown to have been owed by defendant achieved substantial justice consistent with substantive law principles ( see CCA 1807) and, indeed, defendant does not now challenge the merits of the award on appeal. To the extent that defense counsel's mid-trial "general objection that [his] client is not here" can be viewed as a proper request for an adjournment, the court's denial of such relief was not an abuse of discretion, especially since the matter previously was marked "final" against defendant.

This constitutes the decision and order of the court.


Summaries of

LUTH v. GOODSTEIN REALTY, INC.

Appellate Term of the Supreme Court of New York, First Department
Jun 13, 2006
2006 N.Y. Slip Op. 51113 (N.Y. App. Term 2006)
Case details for

LUTH v. GOODSTEIN REALTY, INC.

Case Details

Full title:TOVE LUTH, Plaintiff-Respondent, v. GOODSTEIN REALTY, INC.…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 13, 2006

Citations

2006 N.Y. Slip Op. 51113 (N.Y. App. Term 2006)
820 N.Y.S.2d 843