Appeal from a judgment of the Civil Court of the City of New York, Kings County (Eric I. Prus, J.), entered October 25, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action to recover the sum of $2,526.49 for damage her vehicle allegedly sustained as a result of a motor vehicle accident. At trial, plaintiff submitted into evidence one itemized estimate for the sum of $1,100.00 representing the cost to repair her vehicle. CCA 1804 provides in pertinent
part that "[a]n itemized bill or invoice, receipted or marked paid, or two itemized estimates for services or repairs, are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services and repairs." Thus, the evidence proffered by plaintiff at trial was insufficient to establish her damages for the cost to repair her vehicle. Accordingly, substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1807).
Decision Date: November 21, 2005