| Grant-Maynard v 8 Morningside Ave. |
| 2008 NY Slip Op 51040(U) [19 Misc 3d 142(A)] |
| Decided on May 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of
New York, New York County (Cynthia S. Kern, J.), entered on or about March 12, 2007, after
trial, in favor of plaintiff in the principal sum of $3,500.
Per Curiam.
Judgment (Cynthia S. Kern, J.), entered on or about March 12, 2007, affirmed, without costs.
The trial court's resolution of the liability aspect of this small claims action in favor of plaintiff is firmly supported by the record and, indeed, is not now challenged by defendant on appeal. Nor do we find the damage award to be excessive or inconsistent with the mandate of "substantial justice" (CCA 1804, 1807). We note that plaintiff was properly awarded the "real value" of the damaged items measured by their original purchase price, without a deduction for depreciation (see Conboy v Studio 54, 113 Misc 2d 403, 406-407 [Saxe, J.]).
This Constitutes the Decision and Order of the Court.
Decision Date: May 23, 2008