Appeal by plaintiff from a small claims judgment of the City Court, City of Middletown, Orange County (V. Alfieri, J.), entered November 20, 2002, in favor of defendant dismissing his action.

Judgment unanimously affirmed without costs.

In this small claims action, plaintiff sought to be reimbursed the sum of $500 out of the $800 which he paid to defendant in connection with a contract wherein defendant agreed to install a horseshoe driveway and drainage pipe at a cost of $800 and to resurface the existing driveway as well as the newly installed driveway at a cost of $1,200. It is conceded that defendant never resurfaced the driveways. After reviewing the record, we are of the opinion that plaintiff failed to establish that defendant did not complete phase one of the contract which was the installation of the horseshoe driveway and drainage pipe. Furthermore, plaintiff suffered no damages because he ultimately paid less to have phase two completed by another company. Therefore, the lower court's judgment dismissing plaintiffs action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UCCA 1807).
Decision Date: January 29, 2004