| Despres v Hartford Ins. Co. |
| 2004 NY Slip Op 50112(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| This opinion is uncorrected and will not be published in the Official Reports. |
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (S. Kluewer, J.), entered on November 1, 2002, in favor of defendant dismissing the action against it.
Judgment unanimously affirmed without costs.
In this small claims action for breach of an insurance policy, plaintiff's claim relating to damage to rolls of film was properly denied by defendant since the policy excluded coverage for lost or damaged rolls of film. Moreover, the advertisement relied upon by plaintiff to establish his claim of deceptive or misleading practices by defendant is unfounded. The advertisement expressly indicates that many of the coverages mentioned therein are Included but that some are optional additions. Consequently, plaintiff's action was properly dismissed inasmuch as substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807).
Decision Date: February 05, 2004