Torrecampo v Buontempo

[*1] Torrecampo v Buontempo 2014 NY Slip Op 51147(U) Decided on July 7, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and GARGUILO, JJ.
2013-765 N C

Joel Y. Torrecampo, Appellant,

against

Joseph Buontempo Also Known as GUISEPPE, Respondent.

Appeal, on the ground of inadequacy, from a judgment of the District Court of Nassau County, Third District (Eugene H. Shifrin, Ct. Atty. Ref.), entered May 25, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,750.

ORDERED that the judgment is modified by increasing the award in favor of plaintiff to the principal sum of $2,933.52; as so modified, the judgment is affirmed, without costs.

In this small claims action to recover the principal sum of $5,000 for, among other things, loans to defendant and payments made by plaintiff on defendant's behalf, we conclude that substantial justice was not done in accordance with the rules and principles of substantive law (UDCA 1804, 1807). The evidence adduced at trial shows that plaintiff established a balance owed totaling $7,933.52 and that defendant had paid $5,000 to plaintiff. Accordingly, the judgment is modified by increasing the amount awarded to plaintiff to the principal sum of $2,933.52.

Iannacci, J.P., Marano and Garguilo, JJ., concur.

Decision Date: July 07, 2014