Malave v B & Z Auto Enters., LLC

[*1] Malave v B & Z Auto Enters., LLC 2013 NY Slip Op 50433(U) Decided on March 27, 2013 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Schoenfeld, JJ
570045/13.

Sandra A. Malave, Plaintiff-Appellant, - -

against

B & Z Auto Enterprises, LLC d/b/a Riverdale Chrysler Jeep, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ruben Franco, J.), entered on or about June 12, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Ruben Franco, J.), entered on or about June 12, 2012, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited review standard here, and given the ready acknowledgment of plaintiff's automotive diagnostic expert that he had "no idea" what the problem or the source of any problem was with plaintiff's 2005-model car, we sustain the dismissal after trial of plaintiff's action seeking to impose liability upon defendant for its alleged "defective" repair of the car.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2013