| Speller v Hamilton Ave. Auto Sales |
| 2008 NY Slip Op 52451(U) [21 Misc 3d 142(A)] |
| Decided on December 3, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Dolores
L. Waltrous, J.), entered February 1, 2007. The judgment, after a nonjury trial, awarded plaintiff
the principal sum of $2,039.59.
Judgment affirmed without costs.
Plaintiff Robert Speller purchased a used vehicle from defendant Hamilton Avenue Auto Sales, and simultaneously purchased from said defendant an extended warranty. Subsequently, after defendant declined to service the vehicle pursuant to the extended warranty, plaintiff paid a third party $2,039.59 for repairs, and brought this small claims action seeking to recover that sum from defendant.
Upon a review of the record, we find no basis to disturb the lower court's judgment since substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1807). Accordingly, the judgment is affirmed.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: December 03, 2008