Guzman v Ken Ben Indus., Ltd.

[*1] Guzman v Ken Ben Indus., Ltd. 2010 NY Slip Op 51289(U) [28 Misc 3d 131(A)] Decided on July 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570252/10.

Leon Guzman, Plaintiff-

against

Ken Ben Industries, Ltd., Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about August 17, 2009, in favor of plaintiff and awarding him damages in the principal sum of $1,387.57.

Per Curiam.

Judgment (Fernando Tapia, J.), entered on or about August 17, 2009, modified to reduce plaintiff's damage award to the principal sum of $714; 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. Nor does the record disclose any errors in the conduct of the trial warranting reversal of the court's liability determination (see Ellis v Collegetown Plaza, LLC, 301 AD2d 758, 759 [2003]). However, the record and the ends of "substantial justice" (CCA 1807) support a damage award of no greater than $714, the amount of the projected automotive repair costs specified in the lesser of the two repair estimates presented by plaintiff at trial (see CCA 1804; Gati v Rubolino, 13 Misc 3d 144[A], 2006 NY Slip Op 52312[U] [2006]).

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