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McGee v Richard Donnelly Inc.
2004 NY Slip Op 50402(U)
Decided on February 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 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. 2003-377 S C

THOMAS McGEE, Appellant-Respondent,

against

RICHARD DONNELLY INC., d/b/a YOUR FLOOR STORE, Respondent-Appellant.


Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (E. Sperzel, J.), dated April 19, 2002, in favor of defendant dismissing the action for failure to prove damages and cross appeal by defendant insofar as the court failed to dismiss on the further ground that plaintiff failed to establish defendant's liability.


Judgment unanimously affirmed without costs.

In this small claims action seeking to recover damages from defendant for allegedly selling a defective carpet, the record reveals that plaintiff failed to establish liability. Accordingly, the dismissal of the small claims action was proper albeit on grounds other than stated by the court below. Under the circumstances, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper 269 AD2d 125, 126 [2000]).
Decision Date: February 25, 2004