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Gasparini v Temperature Control
2004 NY Slip Op 50113(U)
Decided on February 3, 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This opinion is uncorrected and will not be published in the Official Reports.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 3, 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. 2003-636 OR C

PETER A. GASPARINI, Appellant,

against

TEMPERATURE CONTROL INC. DOUG HIRSCH, Respondent.


Appeal by plaintiff from a small claims judgment of the Justice Court, Town of New Windsor, Orange County (D. Suttlehan, J.), entered March 21, 2003, in favor of defendant dismissing the action.


Judgment unanimously affirmed without costs.

In this small claims action for failure to complete the work, labor and services agreed upon, we find that plaintiff failed to establish a prima fade case as to the value and necessity of the alleged repairs (UJCA 1804). Thus, substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).
Decision Date: February 03, 2004