[*1]
Rodriguez v Mathews
2008 NY Slip Op 50913(U) [19 Misc 3d 140(A)]
Decided on April 30, 2008
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 30, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
indent='no'>PRESENT: McKeon, P.J., Davis and Heitler, JJ
.

Ruth Rodriguez, Plaintiff-Appellant, 570107/08

against

Liza Mathews, Defendant-Respondent.


Plaintiff, as limited by her brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 13, 2006, after trial, as limited her recovery of damages to the principal sum of $250.


PER CURIAM:

Judgment (Ben R. Barbato, J.), entered on or about

September 13, 2006, affirmed, without costs.

On this slender record, and in view of the advanced age and ill health of plaintiff's dog at the time of the incident and plaintiff's nebulous showing of medical expenses attributable to the "trauma" allegedly experienced by the animal as a result of the near attack by defendant's dog, we are satisfied that the damage award issued to plaintiff was neither inadequate nor inconsistent with the mandate of "substantial justice" (CCA 1807). In the absence of a cross appeal by defendant, we do not address the propriety of the trial court's (implicit) liability determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: April 30, 2008