| Bissor v Peg Leasing Corp. |
| 2008 NY Slip Op 52646(U) [22 Misc 3d 132(A)] |
| Decided on November 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Suffolk County, Third District (C. Steven
Hackeling, J.), entered September 27, 2006. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action to recover the sum of $5,000 for property damage, the record reveals that plaintiff failed to prove damages pursuant to UDCA 1804. Plaintiff only submitted one itemized estimate of the damage to his vehicle. Accordingly, in finding in favor of defendant dismissing the action, the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).
The judgment is, therefore, affirmed.
Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: November 26, 2008