New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
December 21, 2012
Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of Wappingers Falls, Dutchess County (Raymond C. Chase, J.), entered February 25, 2011.
McWilliams v Matthews
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 21, 2012
PRESENT: NICOLAI, P.J., LaCAVA and LaSALLE, JJ
The judgment, after a non-jury trial, awarded plaintiff the principal sum of $548.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $2,549.46, representing damages she had allegedly sustained to her rental property. At a non-jury trial, defendant conceded that she owed plaintiff $548 for various repairs and cleaning expenses which plaintiff had incurred after defendant had vacated the premises. Following the trial, the Justice Court awarded plaintiff the principal sum of $548. Plaintiff appeals on the ground of inadequacy.
Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807; Ross v Friedman, 269 AD2d 584 ; Williams v Roper, 269 AD2d 125, 126 ). With respect to the issue of damages, we note that plaintiff did not submit into evidence either a paid bill or two itemized estimates to establish the reasonable value and necessity of each of the alleged repairs for which plaintiff claims defendant is liable (see UJCA 1804; Rodriguez v Mitch's Transmission, 32 Misc 3d 126[A], 2011 NY Slip Op 51225[U] [App Term, 9th & 10th Jud Dists 2011]). As the record supports the trial court's determination, we find no reason to disturb the judgment. Accordingly, the judgment is affirmed.
Nicolai, P.J., LaCava and LaSalle, JJ., concur. Decision Date: December 21, 2012
© 1992-2013 VersusLaw Inc.