Scally v La Vista

[*1] Scally v La Vista 2005 NY Slip Op 51934(U) [10 Misc 3d 129(A)] Decided on November 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: November 22, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2005-460 P C

Vera L. Scally, Respondent,

against

Virginia La Vista, Appellant.

Appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County (Joseph J. Spofford, Jr., J.), entered November 22, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $2,350.

Judgment unanimously affirmed without costs.

Plaintiff instituted this small claims action for breach of an oral agreement to complete repairs to a mobile home purchased from defendant. Although defendant provided plaintiff with a bill of sale stating that the mobile home was delivered "as is," it failed to contain all the terms of the agreement and was not signed by plaintiff. As a [*2]
result, parol evidence was admissible to present plaintiff's version of the facts, which refuted the terms set forth in the "bill of sale" (see Prince, Richardson on Evidence § 11-106 [Farrell 11th ed]). In view of the foregoing, substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).
Decision Date: November 22, 2005