| Rosmarine v Finnegans Moving & Warehouse Corp. |
| 2006 NY Slip Op 50741(U) [11 Misc 3d 143(A)] |
| Decided on April 14, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Newburgh, Orange County (Richard Clarino, J.), entered April 14, 2005. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action, plaintiff alleges that he hired defendant to move his belongings to Brooklyn and subsequently learned that 99 of his videotapes were missing. Assuming arguendo that plaintiff established defendant's liability, a review of the record indicates that plaintiff failed to establish the amount of his damages.
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Consequently, the court's dismissal of the action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UJCA 1807).
Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: April 14, 2006