Lacey v A & J Care

[*1] Lacey v A & J Care 2004 NY Slip Op 51285(U) Decided on October 27, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
2004-157 Q C

LUCY LACEY, Appellant,

against

A & J CARE, Respondent.

Appeal by plaintiff from a small claims judgment of the Civil Court, Queens County (D. Elliot, J.), entered August 27, 2003, dismissing the action.

Judgment unanimously affirmed without costs.

A review of the record in this small claims action indicates that none of the evidence adduced at trial established that defendant was liable to plaintiff for the
cost of the custom wheelchair she purchased for her sister. Accordingly, we find that the determination of the court provided substantial justice between the parties according to the rules and principles of substantive law (see CCA 1807).
Decision Date: October 27, 2004