Appeal from a judgment of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered July 22, 2008.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on April 11, 2011
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.
The judgment, after a non-jury trial, dismissed the action.
ORDERED that the judgment is reversed, without costs, and judgment is directed to be entered in favor of plaintiff in the principal sum of $3,601.
Plaintiff commenced this small claims action to recover the sum of $5,000 for property damage to her vehicle. After a non-jury trial, the Civil Court dismissed the action, finding that, while plaintiff had established liability, she had failed to prove damages. On appeal, plaintiff asserts that a letter from defendant's insurance carrier that she submitted at trial was sufficient to prove damages. Upon a review of the record, we find that the judgment did not provide the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 ; Williams v Roper, 269 AD2d 125, 126 ).
At trial, plaintiff submitted a letter from GEICO, defendant's insurance carrier, which, among other things, valued the damage to plaintiff's vehicle at $3,601. Such valuation constituted a prima facie showing of the reasonable cost of repairs to the vehicle (see Felipe v Das, 22 Misc 3d 141[A], 2009 NY Slip Op 50444[U] [App Term, 9th & 10th Jud Dists 2009]; see generally DiCamillo v City of New York, 245 AD2d 332, 333 ; Prince, Richardson on Evidence § 8-231, at 543 [Farrell 11th ed]), i.e., plaintiff's damages. Accordingly, the judgment is reversed and plaintiff is awarded judgment in the principal sum of $3,601.
Golia and Rios, JJ., concur.
Weston, J.P., dissents in a separate memorandum.
Weston, J.P., dissents and votes to affirm the judgment in the following memorandum:
At issue on this appeal is whether plaintiff presented sufficient evidence to establish her damages. While I recognize that a single estimate prepared by a defendant's insurance carrier may be sufficient to prove damages, the purported estimate ...