Appeal by defendant Lillian Maldonado from a small claims judgment of the District Court, Suffolk County (P. Barton, J.), entered August 4, 2003, in favor of plaintiff against both defendants, in the principal sum of $1,915.

Judgment unanimously affirmed without costs.

Plaintiff brought this action to recover for damage to his automobile resulting from an accident which occurred when defendant Bulson was operating a vehicle owned by his mother, defendant Maldonado.

Upon a review of the record in this small claims action, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). The trier of fact appropriately found that the presumption of permissive use was not overcome by "'substantial evidence' to the contrary" (see Mandelbaum v United States, 251 F2d 748 [1958]). Furthermore, the fair market value of plaintiff's vehicle was properly established.
Decision Date: June 23, 2004