Aliev v RJT Motorists Servs.

[*1] Aliev v RJT Motorists Servs. 2005 NYSlipOp 51306(U) Decided on June 6, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: June 6, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-890 W C

Adil Aliev, Appellant,

against

RJT Motorists Services, Respondent.

Appeal by plaintiff from a small claims judgment of the White Plains City Court, Westchester County (B. Hansbury, J.), entered October 27, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff took his 1997 Mercury Mountaineer which had 129,000 miles on it to defendant because it was making a squeaking noise. While it had the vehicle, defendant performed a tune-up on it. During the tune-up, a frozen spark plug broke which resulted in a much more expensive repair to the vehicle. Plaintiff commenced the instant small claims action to recover the cost of the repairs, claiming that he never consented to the tune-up. Defendant's owner/president testified that he personally spoke to plaintiff and that plaintiff consented to the tune-up. Although the court implicitly found that plaintiff consented to the tune-up, plaintiff now claims that the court's credibility determinations were incorrect. A review of the record on appeal indicates that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (see UCCA 1807; Ross v Friedman, 269 AD2d 584 [2000]; Moses v Randolph, 236 AD2d 706, 707 [1997]). As a result, the judgment should be affirmed.
Decision Date: June 06, 2005