Kaplan v. Sanfratello

Appellate Division of the Supreme Court of New York

Kaplan v. Sanfratello

306 A.D.2d 936, 762 N.Y.S.2d 326, 2003 N.Y. App. Div. LEXIS 6772

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2003

StatusPublished

This text of 306 A.D.2d 936 (Kaplan v. Sanfratello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kaplan v. Sanfratello, 306 A.D.2d 936, 762 N.Y.S.2d 326, 2003 N.Y. App. Div. LEXIS 6772 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from that part of an order of Monroe County Court (Connell, J.), entered September 25, 2002, that modified a judgment (denominated order and judgment) of Rochester City Court (Byrnes, J.) in favor of defendant.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from that part of an order of Monroe County Court that modified a judgment (denominated order and judgment) of Rochester City Court in favor of defendant in this small claims action by vacating the award of costs to defendant. Because it cannot be said that substantial justice between the parties was not done here, we affirm (see generally Coppola v Kandey Co., 236 AD2d 871, 872 [1997]). Present— Pigott, Jr., P.J., Pine, Hurlbutt, Burns and Lawton, JJ.

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—Appeal from that part of an order of Monroe County Court (Connell, J.), entered September 25, 2002, that modified a judgment (denominated order and judgment) of Rochester City Court (Byrnes, J.) in favor of defendant.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from that part of an order of Monroe County Court that modified a judgment (denominated order and judgment) of Rochester City Court in favor of defendant in this small claims action by vacating the award of costs to defendant. Because it cannot be said that substantial justice between the parties was not done here, we affirm (see generally Coppola v Kandey Co., 236 AD2d 871, 872 [1997]). Present— Pigott, Jr., P.J., Pine, Hurlbutt, Burns and Lawton, JJ.

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306 A.D.2d 936, 762 N.Y.S.2d 326, 2003 N.Y. App. Div. LEXIS 6772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaplan-v-sanfratello-nyappdiv-2003.

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