Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered on January 10, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,400 plus costs and disbursements.

Judgment affirmed without costs.

In this small claims action, the credible evidence adduced upon the trial established that within a short period of time after defendant painted the exterior of plaintiff's house, the paint began to peel and appear blotchy. There is no basis to
disturb the court's finding that this condition resulted from defendant's failure to remove all of the original paint prior to priming and applying the new coat. Since substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807), the judgment should be affirmed.

Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: March 27, 2006