Kaplinsky v Goldstein

[*1] Kaplinsky v Goldstein 2005 NY Slip Op 51901(U) [10 Misc 3d 128(A)] Decided on November 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., GOLIA and BELEN, JJ.
2005-550 K C

Regina H. Kaplinsky, Appellant,

against

Leah Goldstein, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Eric I. Prus, J.), entered October 25, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

Plaintiff commenced the instant small claims action to recover the sum of $2,526.49 for damage her vehicle allegedly sustained as a result of a motor vehicle accident. At trial, plaintiff submitted into evidence one itemized estimate for the sum of $1,100.00 representing the cost to repair her vehicle. CCA 1804 provides in pertinent
part that "[a]n itemized bill or invoice, receipted or marked paid, or two itemized estimates for services or repairs, are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services and repairs." Thus, the evidence proffered by plaintiff at trial was insufficient to establish her damages for the cost to repair her vehicle. Accordingly, substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1807).
Decision Date: November 21, 2005