Kleiner v World of Fax

[*1] Kleiner v World of Fax 2006 NY Slip Op 50918(U) [12 Misc 3d 128(A)] Decided on May 17, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ
2005-1533 RO C.

Irene Kleiner, dba Spyral Publisher, Appellant,

against

World of Fax, Respondent.

Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Scott B. Ugell, J.), entered July 21, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff instituted this small claims action to recover damages caused by defendant's alleged failure to properly repair her copier machine. Defendant's employee testified that, on separate visits, he replaced the drum and the developer of the copier, and that after both visits the machine was working properly. Plaintiff's expert testified that although he subsequently replaced the same parts, he could not determine whether the repairs performed by defendant were defective. At the conclusion of the trial, the court found that plaintiff failed to prove that defendant's work was defective. Since the court's findings were supported by the credible evidence adduced upon the trial, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).

Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: May 17, 2006