[*2]Appeal by defendant from a small claims judgment of the Civil Court, Kings County (A. Schack, J.), entered July 29, 2002, in favor of plaintiff in the sum of $1,305.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff commenced the instant small claims action to recover damages for, in effect, breach of warranty.

Plaintiff had purchased a used car from defendant. Plaintiff contends, among other things, that the car's transmission was defective when the car was sold to her and that defendant's attempt to repair the transmission was unsuccessful. After a trial, during which defendant denied liability, the court entered judgment in favor of plaintiff.

Plaintiff failed to establish that defendant breached the warranty required by the Used Car Lemon Law (see General Business Law § 198-b). Moreover, even if plaintiff demonstrated that she complained to defendant within the warranty period and that defendant was afforded a reasonable opportunity to make the required repairs (see General Business Law § 198-b [c] [2]), plaintiff failed to present sufficient evidence of the reasonable value and necessity of services and repairs which she claims were performed or which are needed (see CCA 1804). Inasmuch as substantial justice was not rendered between the parties in accordance with the rules and principles of substantive law (see CCA 1807), the judgment is reversed and the action dismissed.
[*3]Decision Date: October 01, 2003