Albohn v Stop & Shop Supermarkets

[*1] Albohn v Stop & Shop Supermarkets 2005 NYSlipOp 50854(U) Decided on June 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-707 RO C

Jamie A. Albohn, as Administratrix of the ESTATE OF GENEVIEVE ALBOHN, Deceased, Respondent,

against

Stop & Shop Supermarkets, Appellant.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (B. Ugell, J.), entered November 25, 2003, awarding plaintiff the principal sum of $883.10.

On the court's own motion, Jamie A. Albohn is substituted in the action as administratrix on behalf of the deceased plaintiff pursuant to CPLR 1015 and 1021, and the caption is amended accordingly.

Judgment unanimously affirmed without costs.

In this small claims action to recover for property damage to a car, substantial justice has been done between the parties according to the rules and principles of substantive law (see UJCA 1807). A review of the record on appeal indicates that the determination of the court below clearly could have been reached under a fair interpretation of the evidence and, thus, will not be disturbed on appeal (see Perez v Garcia, 304 AD2d 544 [2003]; Jones v Hart, 233 AD2d 297 [1996]).
Decision Date: June 01, 2005