Feigi v Seaman's Furniture Co

[*1] Feigi v Seaman's Furniture Co 2003 NY Slip Op 51692(U) Decided on December 22, 2003 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 This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 22, 2003
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DOYLE, P.J., LIFSON and RUDOLPH, JJ.
NO. 2003-67 W C

SCOTT FEIGI Appellants,

against

SEAMAN'S FURNITURE CO Respondent.

Appeal by plaintiffs from a small claims judgment of the Justice Court, Town of Cortlandt, Westchester County (D. McCarthy, J.), entered November 1, 2002, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiffs in the principal sum of $75.

Plaintiffs brought this action to recover $1,168.89 resulting from defendant's failure to apply fabric protection to six chairs of a dining room set which they had purchased from defendant. At the trial, they failed to offer into evidence two itemized estimates of the cost of repairs in accordance with Uniform Justice Court Act § 1804 to enable the court to determine the reasonable value thereof. Inasmuch as they failed to present sufficient evidence to establish the damages to which they claimed they were entitled, they are limited to recovering $75, which, it was agreed, they spent for the optional fabric protection, as part of the furniture contract with Seaman' s.
Decision Date: December 22, 2003