Batac v Allstate Prop. & Cas. Ins. Co. (2011 NY Slip Op 51073(U))

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Batac v Allstate Prop. & Cas. Ins. Co.

2011 NY Slip Op 51073(U) [31 Misc 3d 149(A)]

Decided on June 10, 2011

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ
570523/10.

Arturo P. Batac, Plaintiff-Appellant,

against

Allstate Property and Casualty Insurance Company, Defendant, -and- GEICO Insurance Company, Defendant-Respondent.

Plaintiff, as limited by his brief, appeals from so much of a judgment of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about May 5, 2010, after a nonjury trial, as limited his recovery of property damages to the principal sum of $365.81.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about May 5, 2010, insofar as appealed from, affirmed, without costs.

The amount of the property damage award in favor of plaintiff was amply supported by the record, and he failed to establish through admissible evidence any inadequacy, or that he was entitled to a greater amount pursuant to CPLR 4533-a (see Andreani v Feygin, 11 Misc 3d 54, 55 [2006]; ASA of NY, Inc. v Super Dads Auto, Inc., 13 Misc 3d 134[A], 2006 NY Slip Op 52029[U] [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 10, 2011