Kalwa v NYC Tr. Auth. (Mabstoa)

[*1] Kalwa v NYC Tr. Auth. (Mabstoa) 2015 NY Slip Op 50317(U) Decided on March 2, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and ELLIOT, JJ.
2013-1850 K C

Jolanta Kalwa, Appellant,

against

NYC Transit Authority (Mabstoa), Respondent.

Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 7, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,212.

ORDERED that the judgment is modified by providing that the award in favor of plaintiff is increased to the principal sum of $2,594.43; as so modified, the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $3,000 for damage caused by defendant to plaintiff's vehicle. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $1,212. Plaintiff appeals on the ground of inadequacy.

In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). At the trial, plaintiff submitted two itemized estimates into evidence, in the amounts of $2,594.43 and $2,875.38, respectively, establishing the reasonable value and necessity of the itemized repairs to her vehicle (see CCA 1804). Accordingly, under the circumstances presented, we find that substantial justice between the parties requires that the principal amount of the judgment awarded to plaintiff be increased to the principal sum of $2,594.43, the lower of plaintiff's two estimates.

Pesce, P.J., Weston and Elliot, JJ., concur.

Decision Date: March 02, 2015