Burke v Cmar

[*1] Burke v Cmar 2005 NYSlipOp 50532(U) Decided on April 13, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1114 P C

Gary Burke and Deneen Burke, Appellants,

against

Joseph Cmar, D/B/A Real Property Consultants, Respondent.

Appeal by plaintiffs from a small claims judgment of the Justice Court, Town of Kent, Putnam County (J. Esposito, Sr., J.), entered August 10, 2004, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

In this small claims action to recover the cost of repair to their premises as a result of termite damage, plaintiffs failed to present any evidence to the effect that the condition existed at the time of defendant's inspection and that the failure to detect said
condition was due to defendant's negligence. Accordingly, substantial justice was done between the parties according to the rules and principles of substantive law (see UJCA 1807). [*2]
Decision Date: April 13, 2005