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Kojtari v A-1 Fuel
2003 NY Slip Op 51684(U)
Decided on December 22, 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This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 22, 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. 2002-1680 OR C

TIM KOJTARI, Respondent, -

against

A-1 FUEL, Appellant.


Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered August 12, 2002, in favor of plaintiff in the sum of $711.28.


Judgment unanimously reversed without costs and action dismissed.

In this small claims action for damages to plaintiffs house due to a "puff back" allegedly caused by defendant's delivery of "dirty oil" and improper maintenance of the burner, we find that plaintiff failed to proffer expert testimony to establish the foregoing and therefore the judgment appealed from should be reversed (UJCA 1807).
Decision Date: December 22, 2003