| Spielman v World Inspection Network of Rocky Point, Inc. |
| 2009 NY Slip Op 50244(U) [22 Misc 3d 134(A)] |
| Decided on February 13, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Sixth District (Howard M.
Bergson, J.), entered March 3, 2008. The judgment, insofar as appealed from, after a nonjury
trial, awarded plaintiff the sum of $4,554.53 as against defendant World Inspection Network of
Rocky Point, Inc.
Judgment, insofar as appealed from, affirmed without costs.
In this small claims action, plaintiff seeks to recover damages resulting from the negligent preparation of a home inspection report. Upon our review of the record on appeal, we find support for the District Court's determination that the actions of appellant World Inspection Network of Rocky Point, Inc. rose to the level of gross negligence thereby vitiating the limitation of liability clause contained in the subject home inspection contract (see Schietinger v Tauscher Cronacher Professional Engrs., P.C., 40 AD3d 954 [2007]). We further find appellant's other contentions to be similarly without merit.
In view of the foregoing, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807), and, thus, the judgment, insofar as appealed from, is affirmed.
Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
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Decision Date: February 13, 2009