Mendoza v J R Home Constr. Corp.

[*1] Mendoza v J R Home Constr. Corp. 2004 NY Slip Op 50589(U) Decided on June 7, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 7, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:DECIDED June 7, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-1031 Q C

JUAN MENDOZA MARIA M. MENDOZA, Appellants,

against

J R HOME CONSTRUCTION CORP., HABAN CONSTRUCTION CORP., JODHAN RAMSUNDARSING, ALBERT BASAL and HABIBOLLAH VAFAI, Respondents.

Appeal by plaintiffs from a judgment of the Civil Court, Queens County (J. Golia, J.), entered May 28, 2003, after trial, dismissing the complaint.

Judgment unanimously affirmed without costs.

Plaintiffs, pro se, instituted this action for the return of $7,120 plus damages caused to their garage by defendants. The evidence adduced upon the trial established that the $7,120 had been returned to plaintiffs. In addition, plaintiffs failed
to establish which, if any, of the defendants were responsible for the damage to the garage. Plaintiffs also failed to submit any evidence as to the cost of repair. In view of the foregoing, the judgment in favor of defendants should not be disturbed.
Decision Date: June 07, 2004