A Class Act Limousine of Long Is. v Sievers (2004 NY Slip Op 50470(U))

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A Class Act Limousine of Long Is. v Sievers

2004 NY Slip Op 50470(U)

Decided on March 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 30, 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. 2003-972 S C

A CLASS ACT LIMOUSINE OF LONG ISLAND, INC., Appellant,

against

HERBERT J. SIEVERS, III, Respondent.

Appeal by plaintiff from a commercial claims judgment of the District Court, Suffolk County (L. Donohue, J.), entered on December 18, 2002, after trial, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

In this commercial claims action by an employer to recover damages against its employee for the cost to repair its automobile, defendant cannot be held liable for the damages to plaintiff's vehicle as there has been no showing of misconduct, negligence, or lack of skill on the part of the defendant in operating the vehicle. While plaintiff disputes the defendant's account of how the vehicle sustained damages, the trier of fact was presented with issues of credibility, and the resolution thereof should not be disturbed. Accordingly, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807-A).
Decision Date: March 30, 2004