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Atomic Fuel Oil Transport, Inc v. Jean Cheng Lin and Jing Shui Lin

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


August 26, 2011

ATOMIC FUEL OIL TRANSPORT, INC.,
RESPONDENT,
v.
JEAN CHENG LIN AND JING SHUI LIN,
APPELLANTS.

Appeal from a judgment of the District Court of Nassau County, Second District (Angelo A. Delligatti, J.), entered December 23, 2009.

Atomic Fuel Oil Transp., Inc. v Lin

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 26, 2011

PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ

The judgment, insofar as appealed from as limited by the brief, after a non-jury trial, awarded plaintiff the principal sum of $441.63.

ORDERED that the judgment is affirmed, without costs.

In this commercial claims action, plaintiff seeks to recover for servicing and repairing a furnace in a house owned by defendants. As relevant to this appeal, the District Court, after a non-jury trial, awarded plaintiff the principal sum of $441.63.

The record establishes that, on two occasions, plaintiff sold and delivered fuel oil to the tenants of the house. On each occasion, at the time of the delivery, it was discovered that the furnace had "run dry," and plaintiff serviced the furnace and performed repairs which were required to restart it. The tenants paid for the fuel oil but not for the repairs. Plaintiff's representative testified at trial that the tenants had claimed that defendants were responsible for the service and repairs to the furnace. Plaintiffs' representative also indicated that plaintiff's office had received clearance to perform the repairs, and, having performed the service and repairs, had billed defendants therefor. We conclude that the District Court's award of damages to plaintiff rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807-A).

The judgment of the District Court is, accordingly, affirmed.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.

Decision Date: August 26, 2011

20110826

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