[*1]
Xin Li v Jing Xian Lou
2020 NY Slip Op 51542(U) [70 Misc 3d 131(A)]
Decided on December 24, 2020
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 24, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Cooper J.P., Higgitt, McShan, JJ.
570170/20

Xin Li, Plaintiff-Respondent,

against

Jing Xian Lou, Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Judy H. Kim, J.), entered March 5, 2019, after trial, in favor of plaintiff and awarding her damages in the principal sum of $4,800.

Per Curiam.

Judgment (Judy H. Kim, J.), entered March 5, 2019, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and since two itemized estimates for repairs were presented by plaintiff in support of her claim (see CCA 1804), we find no basis to substitute our judgment for that of the trial court in awarding plaintiff $4,800, representing the cost to repair her vehicle that was damaged while in defendant's possession.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: December 24, 2020