Jesurun v AD Parking Inc.

[*1] Jesurun v AD Parking Inc. 2016 NY Slip Op 51387(U) Decided on September 30, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Gonzalez, J.
570487/16

Hamid Jesurun, Plaintiff-Respondent,

against

AD Parking Inc., Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered on or about October 21, 2015, after trial, in favor of plaintiff and awarding him damages in the principal sum of $3,789.

Per Curiam.

Judgment (Donald A. Miles, J.), entered on or about October 21, 2015, modified by vacating the damage award and directing a new trial on the issue of damages only; as modified, judgment affirmed, without costs.

The trial court achieved "substantial justice" consistent with substantive law principles (CCA 1804, 1807), in resolving the liability aspect of this small claims action in plaintiff's favor, since the (undisputed) evidence supports the finding that plaintiff's vehicle was damaged in defendant's parking lot. Indeed, the court's liability determination is not now challenged by defendant on appeal. The damage award, premised upon the cost to repair the vehicle, is not sustainable, however, inasmuch as plaintiff failed to present "an itemized bill or invoice, receipted or marked paid, or two itemized estimates for . . . repairs" (CCA 1804).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: September 30, 2016