Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Joseph E. Capella, J.), entered June 23, 2014, after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $4,813.54.

Per Curiam.

Judgment (Joseph E. Capella, J.), entered on or about October 24, 2013, affirmed, without costs.

Based upon the limited record now before us, which does not include copies of several of the trial exhibits upon which the court heavily relied in rendering its decision, we find no cause to substitute our judgment for that of the trial court in awarding plaintiff a recovery of what the court determined to be the overpayment made by plaintiff in purchasing the used car from defendant. The available evidence, fairly interpreted, supports the court's express finding that defendant, at the time of purchase, actively "concealed" the vehicle's history, providing plaintiff with a certificate of title (absent from the present record) which omitted or was altered to omit the fact that the vehicle was "salvaged" (see Urquhart v Philbor Motors, Inc., 9 AD3d 458 [2004]). The "as is" language contained in the bill of sale does not shield defendant from liability in fraud otherwise established in the record now before us (see Caramante v Barton, 114 AD2d 680, 682-683 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 31, 2014