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Curto v. Bichara

Appellate Term of the Supreme Court of New York, Second Department
Feb 26, 2004
2004 N.Y. Slip Op. 50392 (N.Y. App. Term 2004)

Opinion

2003-397 S C.

Decided February 26, 2004.

Appeal by defendant from a small claims judgment of the District Court, Suffolk County (E. Sperzel, J.), entered November 30, 2001, in favor of plaintiffs in the sum of $1,650 plus interest and costs, and dismissing the counterclaim.

Judgment unanimously affirmed without costs.

PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.


In this small claims action seeking, inter alia, the return of a security deposit, and a finder's fee, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807). The trial court correctly noted that defendant failed to substantiate many of her claimed damages upon her counterclaim by means of competent evidence, such as two itemized estimates or an itemized bill marked paid (UDCA 1804).


Summaries of

Curto v. Bichara

Appellate Term of the Supreme Court of New York, Second Department
Feb 26, 2004
2004 N.Y. Slip Op. 50392 (N.Y. App. Term 2004)
Case details for

Curto v. Bichara

Case Details

Full title:PAUL CURTO and MARIAELAINA TRAMONDO, Respondents, v. DIANA BICHARA…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 26, 2004

Citations

2004 N.Y. Slip Op. 50392 (N.Y. App. Term 2004)