[*1]
Fallon v Lubrano
2008 NY Slip Op 51103(U) [19 Misc 3d 143(A)]
Decided on May 27, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., TANENBAUM and MOLIA, JJ
2007-499 S C.

Joseph Fallon and Salvatore Iserino, Respondents,

against

Thomas Lubrano, Appellant.


Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered November 1, 2006. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $625.


Judgment reversed without costs and action dismissed.

In the instant small claims action, plaintiffs alleged, inter alia, that defendant intentionally caused damage to plaintiff Iserino's vehicle. The trial court awarded plaintiffs the principal sum of $625, representing $100 for the insurance policy's deductible for the damage to the vehicle and $525 for the rental of a substitute vehicle. The owner of the damaged car and the renter of the substitute vehicle, however, was plaintiff Iserino, who defaulted in appearing, and thus, is not entitled to the entry of a judgment in his favor. Plaintiff Fallon, though a partner of Iserino at their residence, did not show that he, Fallon, sustained any damages. Accordingly, the judgment is reversed and the action is dismissed as substantial justice has not been done between the parties according to the rules and principles of substantive law (UDCA 1807).

In light of the foregoing, we pass on no other issue.

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.