Appeal by defendant from a small claims judgment of the City Court, City of Long Beach, Nassau County (H. Bogle, J.), entered on April 29, 2002, in favor of plaintiff in the principal sum of $2,714.01.

Judgment unanimously reversed without costs and action dismissed.

In this small claims action, plaintiff seeks to recover damages for carpeting which was alleged to have been improperly installed in July of 1999 and to be of inferior quality. The court below found in favor of plaintiff and awarded her the full contract price. In our opinion, the record does not support a finding of a total lack of consideration. In the absence of expert testimony, plaintiff's claim that her bedroom carpeting became matted, after nearly three years of use, is an insufficient basis for a finding of liability. Even assuming arguendo that plaintiff established liability with regard to the quality of the carpeting or its installation in other areas of her home, she failed to submit a sufficiently itemized bill or invoice, receipted or marked paid, or two itemized estimates for repair with respect thereto (see UCCA 1804; see also Rasulo v Goodman, NYLJ, Mar. 11, 2002 [App Term, 9th & 10th Jud Dists]). We note that the "informal receipt" prepared by defendant did not itemize the cost of carpeting for each room and area in which it was installed. Accordingly, plaintiff did not adequately prove both liability and damages, and thus the lower court erred in awarding judgment in her favor.

Inasmuch as substantial justice was not done between the parties in accordance with the rules and principles of substantive law (see UCCA 1807), we reverse the judgment and dismiss the action. [*2]
Decision Date: November 21, 2003