Morrissey v Gnp Petroleum (2003 NY Slip Op 51686(U))

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Morrissey v GNP Petroleum

2003 NY Slip Op 51686(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This opinion is uncorrected and will not be published in the Official Reports.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., LIFSON and RUDOLPH, JJ.
NO. 2003-315 OR C

DANA MORRISSEY, Respondent, -

against

GNP PETROLEUM and DENNIS JONES Appellants.

Appeal by defendants from a small claims judgment of the Justice Court, Town of Wallkill, Orange County (R. Freehill, J.), entered on January 8, 2003, awarding plaintiff the sum of $556.

Judgment unanimously affirmed without costs.

Upon a review of the record in this small claims action to recover damages for allegedly faulty repairs to plaintiff's automobile, the judgment in favor of plaintiff should not be disturbed since the lower court's determination was not "so shocking as to not be substantial justice" (Scaringe v Holstein, 103 AD2d 880 [1984]).
Decision Date: December 22, 2003