Patkowska v Torres

[*1] Patkowska v Torres 2005 NY Slip Op 51903(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 This opinion is uncorrected and will not be published in the printed Official Reports.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: 9th and 10th JUDICIAL DISTRICTS
PRESENT: November 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1651 W C

Margaret J. Patkowska, Appellant,

against

Mirta Torres and Emelina Ojito, Respondents.

Appeal from a judgment of the Justice Court of the Village of Tarrytown, Westchester County (Kyle C. McGovern, J.), entered October 28, 2004. The judgment, insofar as appealed from on the ground of inadequacy, awarded plaintiff, after a nonjury trial, the sum of $165.80 plus costs.

Judgment unanimously affirmed without costs.

Plaintiff instituted this small claims action for damage caused by defendants to plaintiff's vehicle as a result of a shopping cart rolling into it. After hearing the testimony and reviewing the evidence, the court found defendants responsible for the damage to the headlight. The court concluded that the additional damage set forth in the estimates of repair were either preexisting or the result of wear and tear. Since [*2]
the court's findings were supported by credible evidence adduced upon the trial, including a paid bill which itemized the cost of replacement of the headlight, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).
Decision Date: November 21, 2005