Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (J. Flanagan, J.), entered June 29, 2004, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $91.96.

Plaintiff instituted this action based on defendant's failure to repair his car under warranty and for a charge for a diagnostic test which was not requested and had been previously done elsewhere. The paid invoice admitted into evidence indicated that defendant was billed $91.96 for a diagnostic test which revealed that the oxygen sensor was defective. The invoice noted that plaintiff advised defendant that the diagnosis had previously been performed on the "outside." The invoice further noted that the sensor was not covered because it was tampered with, i.e., that the "wire [was] cut and spliced." Since the evidence of tampering, the cut and spliced wire, could have easily been determined without the diagnostic test, there was no need to perform said test. In addition, defendant did not present any expert testimony to establish the need to have the test performed a second time. In conclusion, we note that the evidence that the part was tampered with was sufficient to support the finding that the warranty as to said part was voided. [*2]
Decision Date: March 31, 2005