Baldwin v North Fork Bank
Annotate this CaseDecided on December 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2003-1799 K C
CARL BALDWIN, Appellant,
against
NORTH FORK BANK, Respondent.
Appeal by plaintiff from a small claims judgment of the Civil Court, Kings County (S. Hinds-Radix, J.), entered on April 3, 2003, which dismissed the action.
Judgment unanimously affirmed without costs.
Upon a review of the record in this small claims action, we find that substantial justice was done between the parties according to the rules and
[*2]
principles of substantive law (CCA 1807). Even assuming that plaintiff made out a prima facie case of negligence against the defendant bank, plaintiff has nonetheless failed to establish damages through competent proof. The action was accordingly properly dismissed.
Decision Date: December 15, 2004
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