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John Pulaski v. Intercounty Paving Associates

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


May 3, 2011

JOHN PULASKI,
RESPONDENT,
v.
INTERCOUNTY PAVING ASSOCIATES, LLC,
APPELLANT.

Appeal from a judgment of the District Court of Nassau County, Fourth District (Michael A. Ciaffa, J.), entered March 19, 2009. The judgment, after a non-jury trial, awarded plaintiff the principal sum of $2,700.

Pulaski v Intercounty Paving Assoc., LLC

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2011

PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $5,000 for damage to his property. The Town of Oyster Bay had hired defendant to provide storm drainage and roadway improvements to plaintiff's street. Plaintiff claimed that defendant damaged his property during the course of the work it had performed on behalf of the Town of Oyster Bay. Following a non-jury trial, the District Court awarded plaintiff the principal sum of $2,700.

Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Accordingly, the judgment is affirmed.

Nicolai, P.J., Molia and Iannacci, JJ., concur.

Decision Date: May 03, 2011

20110503

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