Appeal by plaintiff from a judgment of the District Court of Nassau County, Fourth District (Norman Janowitz, J.), entered May 12, 2004. The judgment dismissed plaintiff's claim after a nonjury trial.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action seeking a refund of $3,000 because the defendant refused to permit him to return china he purchased from the defendant. After plaintiff used the china, he claimed they were damaged by knives and that defendant refused to honor its return policy. Inasmuch as plaintiff failed to establish that defendant's policy permitted plaintiff to return the china after it was used and where such usage caused marks to appear on the china, the court properly found that plaintiff failed to establish a prima facie case. Accordingly, the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law, and should be affirmed (see UDCA 1807).
Decision Date: October 20, 2005