| Coradeschi v Palisades Audi-Volkswagen |
| 2006 NY Slip Op 50150(U) [10 Misc 3d 146(A)] |
| Decided on February 6, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Craig E. Johns, J.), entered November 23, 2004. The judgment, after a nonjury trial, dismissed the action.
Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $1,525.55.
In this small claims action, plaintiff demonstrated that the paint job performed by defendant was defective. Plaintiff presented two itemized estimates establishing, prima facie, the reasonable value and necessity of the repairs (UJCA 1804). While the trial court found that the paint job was defective and that plaintiff sustained damages as a result thereof, it erred in concluding that, under the circumstances presented, plaintiff had to afford defendant an opportunity to remedy the problem. Consequently, substantial justice (see UJCA 1804, 1807) requires that judgment be entered in favor of plaintiff in the sum of $1,525.55.
Decision Date: February 06, 2006