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Curto v Bichara
2004 NY Slip Op 50392(U)
Decided on February 26, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 26, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-397 S C

PAUL CURTO and MARIAELAINA TRAMONDO, Respondents,

against

DIANA BICHARA, Appellant.


Appeal by defendant from a small claims judgment of the District Court, Suffolk County (E. Sperzel, J.), entered November 30, 2001, in favor of plaintiffs in the sum of $1,650 plus interest and costs, and dismissing the counterclaim.


Judgment unanimously affirmed without costs.

In this small claims action seeking, inter alia, the return of a security deposit, and a finder's fee, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807). The trial court correctly noted that defendant failed to substantiate many of her claimed damages upon her counterclaim by means of competent evidence, such as two itemized estimates or an itemized bill marked paid (UDCA 1804).
Decision Date: February 26, 2004