| Ragusa v Garden Collision |
| 2009 NY Slip Op 51281(U) [24 Misc 3d 127(A)] |
| Decided on January 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Nassau County, Second District (Robert H.
Spergel, J.), entered July 2, 2007. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this small claims action seeking damages for breach of an automobile repair contract, plaintiffs alleged that defendant made improper repairs to their vehicle. After a nonjury trial, the court dismissed the action.
A review of the record indicates that the determination of the District Court was based on
the credibility of the witnesses and was reached upon a fair interpretation of the evidence
(see Williams v Roper, 269 AD2d 125 [2000]). Consequently, in awarding
judgment to defendant, the court rendered substantial justice between the parties in
accordance with the rules and principles of substantive law (UDCA 1804, 1807). Accordingly,
the judgment is affirmed.
Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: January 26, 2009