| Bailey v New York City Engines |
| 2003 NY Slip Op 51543(U) |
| Decided on November 21, 2003 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the Official Reports. |
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered on March 6, 2002, dismissing the claim against defendant.
Judgment unanimously affirmed without costs.
In this action to recover damages for breach of contract, plaintiff testified at trial that he had ordered a 4.5 liter engine to be installed by the defendant. We find that plaintiff has failed to establish by credible evidence that the defendant installed the wrong engine in the automobile or that the engine was installed improperly. Even assuming arguendo that the credit card receipt establishes that plaintiff paid for various repairs, the plaintiff did not present any expert testimony to establish his claim for the price of the "core" or that the installation of the engine was done improperly. Thus, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807).
Decision Date: November 21, 2003