Monteforte v Jamisha Auto. Corp.

[*1] Monteforte v Jamisha Auto. Corp. 2009 NY Slip Op 51096(U) [23 Misc 3d 144(A)] Decided on April 7, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ
2006-1789 N C.

Michael Monteforte, Respondent,

against

Jamisha Automotive Corp. d/b/a Jerry's Auto & Towing, Inc., Appellant.

Appeal from a judgment of the City Court of Glen Cove, Nassau County (Joel B. Meirowitz, J.), entered May 22, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,234.72.

Judgment reversed without costs and action dismissed.

Following a nonjury trial in this small claims action to recover for property damage to plaintiff's car, the City Court awarded plaintiff the sum of $2,234.72. However, the record reveals that plaintiff failed to prove damages pursuant to UCCA 1804 since he submitted only one itemized estimate of the damage to his vehicle. Consequently, the judgment failed to provide the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Accordingly, the judgment is reversed and the action is dismissed.

Molia, J.P., Scheinkman and LaCava, JJ., concur.
Decision Date: April 07, 2009