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Berry v City Line Auto Mall
2008 NY Slip Op 51415(U) [20 Misc 3d 130(A)]
Decided on July 1, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 1, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2007-733 Q C.

George D. Berry, Appellant,

against

City Line Auto Mall, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered March 15, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $728.12.


Judgment affirmed without costs.

Defendant car dealership appeals from a small claims judgment which awarded plaintiff the principal sum of $728.12 as reimbursement for having to replace a defective fuel pump and a defective horn on a used car which plaintiff purchased from defendant. The proof established that plaintiff received a 30-day/1,000-mile warranty from defendant (see generally Vehicle and Traffic Law § 417; Natale v Martin Volkswagen, Inc., 92 Misc 2d 1046, 1050 [1978]) and that the car would not start two days after its delivery to plaintiff.

Upon a review of the record, we are satisfied that plaintiff established defendant's liability and thus substantial justice was done between the parties according to the rules and principles of substantive law (see CCA 1807; Schiffman v Deluxe Caterers of Shelter Rock, 100 AD2d 846, 846-847 [1984]).

Accordingly, the judgment is affirmed.

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