Baldwin v North Fork Bank (2004 NY Slip Op 51628(U))

[*1]

Baldwin v North Fork Bank

2004 NY Slip Op 51628(U)

Decided on December 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2003-1799 K C

CARL BALDWIN, Appellant,

against

NORTH FORK BANK, Respondent.

Appeal by plaintiff from a small claims judgment of the Civil Court, Kings County (S. Hinds-Radix, J.), entered on April 3, 2003, which dismissed the action.

Judgment unanimously affirmed without costs.

Upon a review of the record in this small claims action, we find that substantial justice was done between the parties according to the rules and [*2]
principles of substantive law (CCA 1807). Even assuming that plaintiff made out a prima facie case of negligence against the defendant bank, plaintiff has nonetheless failed to establish damages through competent proof. The action was accordingly properly dismissed.
Decision Date: December 15, 2004