Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Warwick, Orange County (P. Barlet, J.), entered July 16, 2002, in favor of defendant dismissing plaintiff's action.

Judgment unanimously affirmed without costs.

While plaintiff's small claims action sought to recover money damages for his share of his deceased mother's estate, in essence, said action also sought the imposition of a trust and an accounting. The court was without jurisdiction to grant said relief which is equitable in nature (see Matter of Hellman v Ploss, 46 AD2d 658 [1974]).

Furthermore, plaintiff's action sought to recover damages for household goods and effects which were stored at his deceased mother's home and allegedly thrown out or sold by the defendant without plaintiff's permission. We are of the opinion that the evidence submitted by plaintiff, to wit, various telephone estimates which he received from unknown sources, were insufficient to establish his damages (see 36 NY Jur 2d, Damages § 86).

In light of the foregoing, the lower court's dismissal of plaintiff's action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UJCA 1807).
Decision Date: February 05, 2004