Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered July 19, 2007, after trial, which dismissed the action "without prejudice."

Per Curiam.

Judgment (Jeffrey K. Oing, J.), entered July 19, 2007, reversed, without costs, and judgment directed in favor of plaintiff in the principal sum of $2,200.

Strictly construing the warranty language in the governing service contract (see National Westminster Bank USA v George A. Fuller Co., 153 AD2d 529 [1989]), and given the absence of any provision that the repair and replacement terms therein constituted the exclusive remedy under the agreement, we find no contractual bar to plaintiff's maintenance of this otherwise meritorious small claims action. Upon review of the record, and since defendant advanced no substantive trial defense and candidly admitted that the upholstery work rendered was replete with "mistakes," the applicable "substantial justice" standard (CCA 1807) is best met by awarding plaintiff a refund of the monies previously paid to defendant ($2,200), the "maximum liability" set forth in the contract for defendant's (acknowledged) breach.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 01, 2009