Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Johnny Lee Baynes, J.), entered October 19, 2006. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff commenced the instant small claims action to recover damages for, in effect, breach of warranty, arising out of the purchase of a self-cleaning oven. After a nonjury trial, the court below dismissed the action and plaintiff appeals.

The standard of review on appeal of a small claims judgment is whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807). A small claims judgment may not be
reversed absent a showing that there is no support in the record for the court's conclusions, or that the court's determination is otherwise so clearly erroneous as to deny substantial justice (see Forte v Bielecki, 118 AD2d 620 [1986]; see also Blair v Five Points Shopping Plaza, 51 AD2d 167 [1976]).

In the instant case, plaintiff did not establish at trial that any warranty for the oven remained in effect during the period of time in question. Furthermore, the record does not demonstrate, as plaintiff suggests, that the trial court prevented him from freely testifying. Accordingly, we find no basis to disturb the lower court's dismissal of the action after trial, since substantial justice was done between the parties (CCA 1807).

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: July 1, 2008