| Cruz v Beechwood RB LLC |
| 2006 NY Slip Op 50183(U) [11 Misc 3d 126(A)] |
| Decided on February 14, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered on or about March 31, 2005, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Francis M. Alessandro, J.), entered on or about March 31, 2005, affirmed, without costs.
The dismissal after trial of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1807). The evidence, fairly interpreted, supports a finding that the punch list items and other related defects alleged by plaintiff were cured by defendant. Plaintiff failed to submit adequate proof or expert testimony to the contrary, despite having been advised by the court prior to the trial date that expert testimony was necessary to establish the claim of defective work.
This constitutes the decision and order of the court.
Decision Date: February 14, 2006