[*2]Appeal by defendants from so much of a small claims judgment of the Civil Court, Richmond County (E. Vitaliano, J.), entered February 21, 2002, as awarded plaintiff the principal sum of $750.

Judgment insofar as appealed from unanimously affirmed without costs.

In this small claims action to recover damages for breach of contract, the parties disagreed as to whether the contract of sale of the defendants' home included the air conditioning units. Plaintiff presented a fully executed copy of the contract which indicated that the air conditioning units were included and defendants presented a fully executed copy of the contract which contained handwritten cross-outs which excluded from the sale, among other things, the air conditioning units. In our opinion, the court rendered substantial justice in accordance with the rules and principles of substantive law when it found that the air conditioning units were included in the sale and that defendants breached the contract by removing the air conditioning units from the house (see CCA 1807). We note that we do not pass upon the propriety of the damage award as it was not raised on appeal.
Decision Date: October 02, 2003