Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Eddie McShan, J.), entered on or about January 29, 2013, after trial, in favor of plaintiff and awarding him damages in the principal sum of $2,000.

Per Curiam.

Judgment (Eddie McShan, J.), entered on or about January 29, 2013, modified by vacating the damage award and directing a new trial on the issue of damages only; as modified, judgment affirmed, without costs.

The trial court achieved "substantial justice" consistent with substantive law principles (see CCA 1804) in resolving the liability aspect of this small claims action in plaintiff's favor, since the evidence permits a finding that plaintiff's household belongings were damaged as a result of the most recent of the "chronic roof leaks" that defendant-landlord's witness acknowledged had previously plagued the residential building premises.

The damage award is not sustainable, however, inasmuch as plaintiff offered but a ballpark guesstimate of the initial purchase price of the vaguely described television and stereo system claimed to have been damaged. The ends of "substantial justice" (CCA 1807) will best be served by affording plaintiff a final opportunity to demonstrate the "real value" (see Conboy v Studio 54, 113 Misc 2d 403, 406-407 [1982, Saxe, J.]) of the damaged personalty (see Correa v Midtown Moving, 4 Misc 3d 135[A], 2004 NY Slip Op 50798[U][App Term, 1st Dept 2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 20, 2013