| Strassberg v Madame Paulette Dry Cleaners |
| 2005 NYSlipOp 51226(U) |
| Decided on August 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about January 14, 2004 after trial (Saliann Scarpulla, J.) in favor of defendant dismissing the action.
PER CURIAM:
Judgment entered on or about January 14, 2004 (Saliann Scarpulla, J.) affirmed, without costs.
The evidence, fairly considered, permits a finding that plaintiff was made aware of the limitation of liability provision set out in the dry cleaning ticket issued by defendant and agreed to go forward with the clothes dyeing procedure despite the defendant's express warning that the procedure might cause the type of damage which in fact occurred. Thus, the record and the ends of "substantial justice" (CCA 1804, 1807) support the dismissal after trial of this small claims action (compare Ginsberg v Spring Dry Cleaners, 2002 NY Slip Op 50084[U] [App Term, 1st Dept]).
This constitutes the decision and order of the court.
Decision Date: August 02, 2005