| Frey v Marathon Marble & Granite |
| 2004 NY Slip Op 50588(U) |
| Decided on June 7, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (P. Hensley, J.), dated February 14, 2003, in favor of defendant dismissing the action.
Judgment unanimously affirmed without costs.
The record in this small claims action seeking to recover damages for installation of an allegedly non-conforming granite countertop, reveals that plaintiff failed to establish his damages. Accordingly, the trial court properly rendered its judgment
providing the parties with substantial justice 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: June 07, 2004