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Pulaski v Intercounty Paving Assoc., LLC
2011 NY Slip Op 50817(U) [31 Misc 3d 140(A)]
Decided on May 3, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2009-2298 N C.

John Pulaski, Respondent,

against

Intercounty Paving Associates, LLC, Appellant.


Appeal from a judgment of the District Court of Nassau County, Fourth District (Michael A. Ciaffa, J.), entered March 19, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,700.


ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $5,000 for damage to his property. The Town of Oyster Bay had hired defendant to provide storm drainage and roadway improvements to plaintiff's street. Plaintiff claimed that defendant damaged his property during the course of the work it had performed on behalf of the Town of Oyster Bay. Following a nonjury trial, the District Court awarded plaintiff the principal sum of $2,700.

Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Accordingly, the judgment is affirmed.

Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: May 03, 2011