Giangrande v Sylvester

[*1] Giangrande v Sylvester 2006 NY Slip Op 51671(U) [13 Misc 3d 127(A)] Decided on August 18, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 18, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : ANGIOLILLO, J.P., McCABE and TANENBAUM, JJ
2005-1332 N C.

George Giangrande, Appellant,

against

Bell Sylvester, Respondent.

Appeal from a judgment of the District Court of Nassau County, Second District (Alfred D. Cooper, Sr., J.), entered April 4, 2005. The judgment, after a nonjury trial, dismissed plaintiff's action.

Judgment reversed without costs and a new trial ordered.

In this small claims action, plaintiff sought to recover for damage sustained to his automobile as a result of a collision with defendant's vehicle. The court below dismissed the action on the ground that plaintiff failed to prove damages. However, upon a review of the record, we find that plaintiff was not afforded an opportunity to present his proof of damages. "An 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" (UDCA 1804). Accordingly, a new trial is ordered for determination de novo of all issues.

Angiolillo, J.P., McCabe and Tanenbaum, JJ., concur.
Decision Date: August 18, 2006