[*1]
Bonhomme v Toto GCT Inc.
2005 NY Slip Op 51607(U) [9 Misc 3d 131(A)]
Decided on October 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 5, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570583/04

Nivard Bonhomme, Plaintiff-Respondent,

against

Toto GCT Inc., Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about April 1, 2004 after trial (Jose A. Padilla, Jr., J.) which awarded damages to plaintiff in the principal sum of $146.13.


PER CURIAM:

Judgment entered on or about April 1, 2004 (Jose A. Padilla, Jr., J.) affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; Williams v Roper, 269 AD2d 124 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that narrow review standard here, we see no basis to disturb the award issued to plaintiff. The record supports the trial court's determination that plaintiff returned a defective handbag, which she had purchased at defendant's store, so that defendant could have it repaired. Defendant's admission that it could not return the bag to plaintiff because defendant discarded it, entitled plaintiff to judgment (see Voorhis v [*2]Consolidated Rail Corp., 60 NY2d 878, 879 [1983]).

This constitutes the decision and order of the court.
Decision Date: October 05, 2005