Costanz v Finnegan's Moving & Warehouse Corp.
2003 NY Slip Op 51368(U)
Decided on October 1, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Courts—Small Claims

Decided on October 1, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2002-220 OR C

NICHOLAS COSTANZ, Respondent,

against

FINNEGAN'S MOVING & WAREHOUSE CORP., Appellant.


[*2]

Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered September 24, 2001, in favor of plaintiff in the principal sum of $429.


Judgment unanimously modified by reducing the amount of the award to plaintiff to the principal sum of $179; as so modified, affirmed without costs.

Plaintiff instituted this small claims action to recover the cost of repair to his furniture which was damaged by defendant. The evidence presented at trial indicated that plaintiff, in lieu of limiting any damage to the amount set forth in defendant's tariff, opted to contract for full replacement value up to the declared value of the furniture less a $250 deductible. Inasmuch as the cost of repair was $429, plaintiff's recovery is limited to said sum less $250, or $179.
Decision Date: October 01, 2003