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Wei Yue v Runge Moving & Stor.
2007 NY Slip Op 51996(U) [17 Misc 3d 131(A)]
Decided on October 10, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 10, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., EMERSON and LaCAVA, JJ
2006-2095 W C.

Wei Yue, Respondent,

against

Runge Moving & Storage, Appellant.


Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, J.), entered March 20, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,407.25.


Judgment affirmed without costs.

Wei Yue commenced the instant small claims action against Runge Moving & Storage (Runge) to recover damages sustained when Runge's truck hit an overhead electrical wire causing damage to Yue's property. Runge commenced a commercial claims action against Con Edison seeking to recover over against Con Edison any monies awarded to Yue. It was Runge's position that any damage resulted from Con Edison improperly hanging the subject electrical wire below the required height. The matters were consolidated for trial. After trial, Yue was awarded judgment in the principal sum of $1,407.25 as against Runge, and Runge's action against Con Edison was dismissed (See Runge Moving & Storage v Con Edison, Misc 3d , 2007 NY Slip Op [No. 2006-2096 W C], decided herewith). Upon a review of the record on appeal, we find that the lower court rendered substantial justice between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). Accordingly, the judgment is affirmed.

Rudolph, P.J., Emerson and LaCava, JJ., concur.
Decision Date: October 10, 2007