Lisker v Cofire Paving Corp.

[*1] Lisker v Cofire Paving Corp. 2008 NY Slip Op 51273(U) [20 Misc 3d 128(A)] Decided on April 3, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 3, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2007-1018 Q C.

Phyllis F. Lisker, Appellant,

against

Cofire Paving Corporation, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph J. Esposito, J.), entered March 5, 2007. The judgment, after a nonjury trial, dismissed plaintiff's action.

Judgment affirmed without costs.

In this small claims action to recover for damage to plaintiff's sidewalk, plaintiff failed to establish that defendant caused said damage. At trial, plaintiff admitted that she did not observe defendant damaging the sidewalk or performing the work thereon.
Accordingly, substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1804, 1807), and the judgment dismissing the action is affirmed.

Pesce and Rios, JJ., concur.

Golia, J.P., taking no part.
Decision Date: April 3, 2008