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Raab v Systematic Control Corp.
2009 NY Slip Op 52050(U) [25 Misc 3d 126(A)]
Decided on October 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 8, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MOLIA, J.P., NICOLAI and TANENBAUM, JJ
2008-1449 N C.

Jerrod Raab and GIULIANA RAAB, Respondents,

against

Systematic Control Corp. a/k/a SYSTEMATIC CONTROL HEATING & AIR CONDITIONING, Appellant.


Appeal from a judgment of the District Court of Nassau County, Third District (Robert H. Spergel, J.), entered August 27, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,276.42.


ORDERED that the judgment is affirmed without costs.

In this small claims action for breach of warranty, plaintiffs seek to recover the cost to repair their air conditioning system. After a nonjury trial, the District Court found in favor of plaintiffs, awarding them the principal sum of $2,276.42. Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1804, 1807). The evidence adduced at trial established that before the one-year warranty expired, plaintiffs notified defendant of the defect, which defendant failed to adequately repair. Accordingly, the judgment is affirmed.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur.
Decision Date: October 08, 2009