Dorzema v M & M Auto Repairs

[*1] Dorzema v M & M Auto Repairs 2004 NY Slip Op 50313(U) Decided on April 20, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-1115 N C

WIDNER DORZEMA, Appellant,

against

M & M AUTO REPAIRS, Respondent.

Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (F. Ricigliano, J.), entered on April 4, 2003, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs, and judgment is directed to be entered in favor of the plaintiff in the sum of $805.46, together with interest and costs.

The record indicates that substantial justice was not done between the parties in accordance with the rules and principles of substantive law (see UDCA 1807). Upon
our review of the trial testimony and evidentiary submissions, we determine that defendant negligently repaired the plaintiff's automobile. Plaintiff proved his damages to the extent of $805.46, and is accordingly awarded judgment in this amount.
Decision Date: April 20, 2004