Appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County (James F. Reitz, J.), entered December 7, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $2,193.71.

Judgment modified by reducing the award in favor of plaintiff to the sum of $1,096.85; as so modified, affirmed without costs.

In this action for property damage arising from an automobile accident, the court as trier of fact found both sides "equally" at fault and awarded the full amount of damages sought by plaintiff, $3,000, as well as the full amount sought by defendants on their counterclaim, $806.29, resulting in a total award to plaintiff, after offset, of $2,193.71.

On this appeal, defendants do not contest the court's finding as to liability but contend that the court improperly failed to apply CPLR 1411 to determine the damage award after finding that each party was 50% at fault in the happening of the accident. We agree. The proper damage award to plaintiff is $1,096.85, or $1,500 (50% of the $3,000 awarded to plaintiff) less $403.15 (50% of the $806.29 awarded to defendants), and the judgment is modified accordingly.

Rudolph, P.J., Tanenbaum and Lippman, JJ., concur.
Decision Date: April 7, 2006