Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr.), entered July 1, 2008. The order granted motions by defendants Welsbach Electric Corp. and Barnabas Bazemore for summary judgment dismissing the action as against them.

ORDERED that the order is affirmed without costs.

The Civil Court did not err in granting the motions by defendants Welsbach Electric Corp. and Barnabas Bazemore for summary judgment dismissing the action as against them. Defendant Welsbach Electric Corp. established that it was never notified regarding any problem with the traffic light at the intersection where the accident occurred, so as to trigger any liability it may have had under its contract. Defendant Bazemore demonstrated that the small claims court lacked jurisdiction over him, as he had moved to Florida prior to the commencement of this action (see CCA 1801). Plaintiff failed to come forward with facts warranting a denial of the motions (see e.g. Cato Show Print. Co. v Lee, 84 AD2d 947, 948-949 [1981]). As substantial justice was done between the parties in this small claims action according to the rules and principles of substantive law (see CCA 1807), the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: October 08, 2009