Stolte v Melohn Props.

[*1] Stolte v Melohn Props. 2010 NY Slip Op 51080(U) [27 Misc 3d 144(A)] Decided on June 21, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570698/09.

Andree Stolte, Plaintiff-Respondent,

against

Melohn Properties, 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 (Peter H. Moulton, J.), entered on or about January 27, 2009, after trial, in favor of plaintiff and awarding her damages in the principal sum of $3,500, and dismissing defendant's counterclaim.

Per Curiam.
Judgment (Peter H. Moulton, J.), entered on or about
January 27, 2009, modified to reduce plaintiff's damage award to the principal sum of $l,570; as modified, judgment affirmed, without costs.

The trial court's resolution of the liability aspect of this small claims action in favor of plaintiff represents a fair interpretation of the evidence (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), and is not disturbed. However, the record and the ends of "substantial justice" (CCA 1807) support a damage award no greater than $l,570, an amount consistent with the "real value" of the damaged laptop computer measured by its original purchase price, without a deduction for depreciation (see Conboy v Studio 54, 113 Misc 2d 403, 406-407 [1982, Saxe, J.]). In modifying the judgment, we note the absence from the record of competent proof to establish any of the other items of damages sought, including plaintiff's speculative claim of lost business earnings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 21, 2010