Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (E. Sperzel, J.), entered March 18, 2002, in favor of defendant dismissing the action. Judgment unanimously affirmed without costs.

In this small claims action, plaintiff sought to recover for property damage sustained after an object struck and cracked his vehicle's windshield as he was driving.

However, inasmuch as plaintiff failed to introduce any competent evidence definitively linking defendant to the object which damaged his windshield, he did not demonstrate by a preponderance of the evidence that defendant's driver was negligent. Accordingly, the court below properly dismissed the complaint. In view of this court's finding as to liability, it is unnecessary to address plaintiffs contentions on the issue of damages.
Decision Date: December 19, 2003