Smith v Dunlap

[*1] Smith v Dunlap 2004 NY Slip Op 51314(U) Decided on November 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2003-1000 D C -x

RUSSELL SMITH, SMITH'S AUTOMOTIVE, Respondent,

against

DAVID DUNLAP, Appellant. -x

Appeal by defendant from a small claims judgment of the City Court, City of Poughkeepsie, Dutchess County (R. McGaw, J.), dated March 26, 2002, in favor of plaintiff in the sum of $1,014.99.

Judgment unanimously affirmed without costs.

Plaintiff commenced this small claims action to recover for repairs he performed on defendant's automobile. The record establishes that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]; see also Smith v
Russell Sage Coll., 54 NY2d 185, 192-193 [1981]; O'Brien v City of Syracuse, 54 NY2d 353, 357-358 [1981]; Matter of Reilly v Reid, 45 NY2d 24, 30 [1978]; Murphy v Town of Southampton, 168 AD2d 545 [1990]). [*2]
Decision Date: November 01, 2004