| Marino v Versailles Drapery & Upholstery Inc. |
| 2003 NY Slip Op 51363(U) |
| Decided on October 27, 2003 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Term, First Department |
Digest-Index Classification: Courts—Small Claims
|
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about November 7, 2002 after trial (Karen S. Smith, J.) in favor of plaintiff, and awarding her damages in the principal amount of $2,226.
PER CURIAM:
Judgment entered on or about November 7, 2002 (Karen S. Smith, J.) modified to reduce plaintiff's damage award to the principal sum of $1,300; as modified, judgment affirmed, without costs.
The trial court's resolution of the liability aspect of the within property damage claim in favor of plaintiff represents a fair interpretation of the evidence presented at the small claims trial (see, Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898), and is not disturbed. Based upon plaintiff's credited testimony and the photographs properly received at trial, the court reasonably could conclude that defendant had improperly "altered" plaintiff's two amoeba-shaped, designer chairs while reupholstering them. However, the record and the ends of "substantial justice" (CCA [*3]1807) support a damage award no greater than $1,300, an amount commensurate with the out-of-pocket expenses and "artistic" or aesthetic damage reflected by plaintiff's trial exhibits and testimony. In reducing plaintiff's damage award, we note the absence from the record of competent proof as to the value of the chairs at the time that defendant's services were rendered.
This constitutes the decision and order of the court.