Opinion
2002-220 OR C.
Decided October 1, 2003.
Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered September 24, 2001, in favor of plaintiff in the principal sum of $429.
Judgment unanimously modified by reducing the amount of the award to plaintiff to the principal sum of $179; as so modified, affirmed without costs.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Plaintiff instituted this small claims action to recover the cost of repair to his furniture which was damaged by defendant. The evidence presented at trial indicated that plaintiff, in lieu of limiting any damage to the amount set forth in defendant's tariff, opted to contract for full replacement value up to the declared value of the furniture less a $250 deductible. Inasmuch as the cost of repair was $429, plaintiff's recovery is limited to said sum less $250, or $179.