McCaffrey v DeFilippes

[*1] McCaffrey v DeFilippes 2010 NY Slip Op 51448(U) [28 Misc 3d 136(A)] Decided on August 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., TANENBAUM and IANNACCI, JJ
2009-962 N C.

Thomas McCaffrey, Respondent,

against

Paul DeFilippes, Appellant.

Appeal from a judgment of the District Court of Nassau County, Second District (Norman Janowitz, J.), entered July 19, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,342.90.

ORDERED that the judgment is reversed without costs and the action is dismissed.

Plaintiff commenced this small claims action to recover for property damage to his vehicle. After a nonjury trial, the District Court awarded judgment in favor of plaintiff in the principal sum of $1,342.90. Defendant appeals and we reverse.

At trial, there was no evidence adduced establishing that defendant was the individual who had damaged plaintiff's vehicle. The only evidence proffered by plaintiff to prove defendant's liability was a signed statement by defendant in which defendant asserted that he had been present when his friend had damaged plaintiff's vehicle. This evidence was insufficient to establish defendant's liability for the damage. Consequently, the judgment in favor of plaintiff did not render substantial justice between the parties in accordance with the rules and principles of substantive law (see UDCA 1807). Accordingly, the judgment is reversed and the action is dismissed.

LaCava, J.P., Tanenbaum and Iannacci, JJ., concur.
Decision Date: August 05, 2010