Hutchinson v Primo Collision Inc. (2005 NYSlipOp 50434(U))

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Hutchinson v Primo Collision Inc.

2005 NYSlipOp 50434(U)

Decided on March 31, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: March 31, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.
2004-937 K C

CHALICE G. HUTCHINSON, Respondent,

against

PRIMO COLLISION INC., Appellant.

Appeal by defendant from a small claims judgment of the Civil Court, Kings County (B. Bayne, J.), entered June 5, 2003, awarding plaintiff the principal sum of $791.

Judgment unanimously affirmed without costs.

Substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807) in this small claims action seeking damages for the cost of repairing a garage door.

The court's credibility determinations are to be given great deference upon appeal (see Brancato v Brooks, 6 Misc 3d 127[A], 2004 NY Slip Op 51688[U] [App Term, 2d & 11th Jud Dists]). The court below was entitled to credit plaintiff's account that defendant's tow truck driver made multiple attempts to place the car in her driveway before it rolled into her garage door, and was further entitled to find that this should have put the driver on notice that the car would not remain in position without the use of blocks or some similar restraint. Moreover, plaintiff properly supported her damages claim by presenting two estimates for the cost of repair (CCA 1804).
Decision Date: March 31, 2005