[*1]
Zahra v Casabianca
2005 NY Slip Op 51599(U) [9 Misc 3d 131(A)]
Decided on September 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: September 30, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2004-1376 P C

John Zahra, Appellant,

against

Lucrezia Casabianca and Bob Casabianca, Respondents.


Appeal from a judgment of the Justice Court of the Town of Putnam Valley, Putnam County (Gina C. Capone, J.), entered October 6, 2004. The judgment, after a nonjury trial, dismissed plaintiff's action.


Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action alleging that the motor on the boat sold to him by defendants for $2,000 did not work properly. Plaintiff argued that defendants should pay half of the money he spent after the purchase to have the original motor examined as well as half of the cost of the replacement motor he [*2]
purchased. A review of the record establishes that the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law. Accordingly, the judgment should be affirmed (see UJCA 1807).
Decision Date: September 30, 2005