Appeal from a judgment of the District Court of Suffolk County, Second District (C. Stephen Hackeling, J.), entered September 17, 2008. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff alleged that defendant had agreed to provide him with 20 months of post-employment health insurance, but that he incurred $95 in medical bills due to a gap in his health insurance that occurred in violation of the parties' agreement. Defendant did not dispute that it had agreed to provide insurance for plaintiff, but its bookkeeper testified and submitted documentary evidence demonstrating that no gap had occurred in plaintiff's health insurance coverage.

We find no basis to disturb the District Court's dismissal of the action after trial, since its determination that no gap occurred in plaintiff's health insurance was amply supported by the evidence, and, thus, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807).

Molia, J.P., LaCava and Iannacci, JJ., concur. [*2]
Decision Date: November 05, 2009