[*2]Appeal by defendant from a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (S. Ugell, J.), entered July 23, 2002, awarding plaintiff the principal sum of $1,196.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

With respect to the repairs made by C & W Auto Repair, inasmuch as plaintiff did not present itemized bills or invoices, receipted or marked paid, in support of his claim for damages, there was insufficient evidence to support the determination of the court below that plaintiff was entitled to reimbursement for the amounts that he allegedly paid for repairs (see UJCA 1804). Moreover, with respect to the necessity for repairs to the track of the right front window and the right rear sliding door of plaintiff's vehicle, there was no competent evidence or testimony at trial to the effect that any damage to these items was caused by the alleged negligence of defendant.

Furthermore, plaintiff was not entitled to recover from defendant the amount of his deductible.

Accordingly, in order that substantial justice be done between the parties pursuant to the rules and principles of substantive law (see UJCA 1807), the matter is remanded to the court below for a new trial.
[*3]Decision Date: October 01, 2003