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Donna Scott v. Time Warner Cable Co. and Midtown Express

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 29, 2013

DONNA SCOTT, APPELLANT, --
v.
TIME WARNER CABLE CO. AND MIDTOWN EXPRESS,
RESPONDENTS.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Harriet L. Thompson, J.), entered March 14, 2011.

Scott v Time Warner Cable Co.

Decided on March 29, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., WESTON and SOLOMON, JJ

The judgment, after a non-jury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the sum of $2,000 for damage to a television set. Following a non-jury trial, judgment was entered in favor of defendants dismissing the action. Upon a review of the record, we find that the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law (see CCA 1804, 1807).

At trial, plaintiff failed to establish that she was the owner of the television, and, in any event, she failed to prove her damages through either expert testimony or an itemized bill or invoice, receipted or marked paid, or two itemized estimates for services or repairs (see CCA 1804). While plaintiff argues on appeal that she did not feel that she needed to present witnesses, it is well settled that a plaintiff who appears pro se does so at her own peril and acquires no greater rights than that of any other litigant (see Roundtree v Singh, 143 AD2d 995 [1988]).

Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Solomon, JJ., concur. Decision

Date: March 29, 2013

20130329

© 1992-2013 VersusLaw Inc.



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