Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Mary Kim Dollard, J.), entered April 25, 2008. The judgment, after a nonjury trial, awarded defendant the sum of $5,000 on her counterclaim.

ORDERED that the judgment is affirmed without costs.

Plaintiff commenced this commercial claims action to recover for damages sustained in an automobile accident. Defendant interposed a counterclaim seeking damages in the sum of $5,000 resulting from plaintiff's negligent operation of a motor vehicle. Plaintiff's action against defendant was discontinued before trial. Following a nonjury trial, the Civil Court awarded defendant the principal sum of $5,000 on her counterclaim.

The evidence adduced at trial established that the driver of plaintiff's vehicle was negligent and that defendant properly established the value of her automobile, which had been totaled as a result of the accident. Upon a review of the record, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804-A, 1807-A; see Ross v Friedman, 269 AD2d 584 [2000]). Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009