[*1]
Marino v Onderlinde
2004 NY Slip Op 50106(U)
Decided on February 5, 2004
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This opinion is uncorrected and will not be published in the Official Reports.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 February 5, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-688 OR C

MARK MARINO, Respondent,

against

BRIAN ONDERLINDE AND CATHERINE FRANCOIS, Appellants.


Appeal by defendants from a small claims judgment of the Justice Court, Town of Wallkill, Orange County (R. Freehill, J.), entered November 12, 2002, in favor of plaintiff in the sum of $1,569.33.


Judgment unanimously affirmed without costs.

In this small claims action seeking to recover for, inter alia, damage to plaintiff's property, the Justice Court could, upon the record before us, properly find that defendants caused the damage to plaintiff's apartment and that they are responsible for the cost of repairing same. Consequently, substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1804, 1807).
Decision Date: February 05, 2004