Appeal from a judgment of the Justice Court of the Village of Ossining, Westchester County (Andrew N. Grass, Jr., J.), entered November 4, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $576.04.

Judgment reversed without costs and matter remanded for a new trial.

In this small claims action for property damage to plaintiff's vehicle, it cannot be determined whether substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807; see also Ceresa v Segundo's Landscaping & Contr., 11 Misc 3d 132[A], 2006 NY Slip Op 50350[U] [App Term, 9th & 10th Jud Dists]). The scanty return does not provide a basis for the court's
finding that defendant was at fault in damaging plaintiff's vehicle's oil pan in the course of an oil change. Although there is some indication that defendant attempted to raise these matters below, the return is inadequate to permit review of defendant's contentions that the condition of the oil pan was due to a manufacturing defect and was distant in time from its own servicing of the car. In any event, it does not appear that any evidence, such as an itemized bill, receipted or marked "paid," or two estimates (UJCA 1804), was received to support the damages award.

Accordingly, a new trial is necessary for further development of the facts as to the plaintiff's claim and any defenses thereto (see Ceresa v Segundo's Landscaping & Contr., 11 Misc 3d 132[A], 2006 NY Slip Op 50350[U], supra).

Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: November 29, 2006