| McCord v Norm's Music |
| 2008 NY Slip Op 52181(U) [21 Misc 3d 133(A)] |
| Decided on November 5, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice
Fisher Rubin, J.), entered February 22, 2006. The judgment, after a nonjury trial, dismissed the
action.
Judgment affirmed without costs.
In this small claims action, plaintiff seeks to recover the sum of $1,330, representing the
price he paid for a musical instrument he purchased from defendant.
Several days after the purchase, plaintiff sought to return the instrument and obtain a
refund. After a nonjury trial, the court dismissed the action.
The evidence adduced at trial established that defendant's no-refund policy was posted at
each cash register (see General Business Law § 218-a). In addition, plaintiff
failed to provide proof that the item he purchased was defective or that there was a breach
of the warranty of merchantability (UCC 2-314). Accordingly, the court's finding in favor of
defendant rendered substantial justice between the parties in accordance with the rules and
principles of substantive law (CCA 1804, 1807).
Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: November 05, 2008