Ray v Recovery Racing, LLC

[*1] Ray v Recovery Racing, LLC 2010 NY Slip Op 50704(U) [27 Misc 3d 133(A)] Decided on April 13, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 13, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., TANENBAUM and MOLIA, JJ
2009-1039 S C.

Charles Ray, Respondent,

against

Recovery Racing, LLC d/b/a MERCEDES OF MASSAPEQUA, Appellant.

Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered January 20, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,339.57.

ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff, who purchased a used car from defendant, seeks a refund of the price he paid to defendant for an extended warranty. He claims that he is entitled to a refund because he traded the vehicle to another dealer prior to the commencement date of the extended warranty. Following a nonjury trial, the District Court awarded judgment in favor of plaintiff.

Upon a review of the record, we are of the opinion that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807). Accordingly, the judgment is affirmed.

Nicolai, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: April 13, 2010