Martinez v Five Star Car Wash, Inc.

[*1] Martinez v Five Star Car Wash, Inc. 2005 NY Slip Op 51584(U) [9 Misc 3d 130(A)] Decided on September 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: September 30, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2004-1505 OR C

Jose J. Martinez, Respondent,

against

Five Star Car Wash, Inc., Appellant.

Appeal from a judgment of the City Court of Middletown, Orange County (Richard J. Guertin, J.), entered April 20, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $895.05.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action to recover the cost to repair his vehicle which was damaged in defendant's car wash. On appeal, defendant does not contest liability, but rather seeks a reduction in the amount awarded to plaintiff based upon facts which are dehors the record. As a result, this court need not concern itself with the credibility of the parties. Inasmuch as the record on appeal establishes [*2]
that the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law, the judgment should be affirmed (see UCCA 1807).
Decision Date: September 30, 2005