[*1]
Clement v Luciano
2005 NYSlipOp 50505(U)
Decided on April 8, 2005
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 8, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570032/05

Ruthleona Clement, Plaintiff-Appellant,

against

Luis Luciano, Defendant-Respondent.


Plaintiff, as limited by her brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County, entered on or about October 14, 2004 after trial (Howard H. Sherman, J.) as limited her recovery of damages to the principal sum of $389.


PER CURIAM:

Judgment entered on or about October 14, 2004 (Howard H. Sherman, J.) affirmed without costs.

On this record, and considering the range of the repair estimates presented by plaintiff and the testimony of a nonparty witness describing the most serious damage to plaintiff's car as a "little dent" in the driver's side door, we are satisfied that the damage award issued to plaintiff was neither inadequate nor inconsistent with the mandate of "substantial justice" (CCA 1807).

This constitutes the decision and order of the Court.
Decision Date: April 08, 2005