Opinion
570640/19
01-15-2020
Nathan INGRAM, Plaintiff-Respondent, v. E & D PARKING CORP., Defendant-Appellant.
Per Curiam.
Judgment (Sabrina B. Kraus, J.), entered on or about November 14, 2018, modified, by reducing plaintiff's recovery to the principal sum of $3,216.40, as modified, judgment affirmed, without costs.
The trial court applied the appropriate rules of substantive law and accomplished "substantial justice" (CCA 1804, 1807; see Williams v. Roper , 269 A.D.2d 125, 126 [2000], lv dismissed 95 N.Y.2d 898 [2000] ) in resolving the liability aspect of this small claims action in plaintiff's favor, since the record supports the court's credibility-based determination that defendant wrongfully asserted a lien against plaintiff's vehicle in a sum greater then the amount actually due under the parties' monthly parking fee agreement (see Matter of BMW Bank of N. Am. v. G & B Collision Ctr., Inc. , 46 A.D.3d 875 [2007] ; F & N Corvette & Classics v. Corvette Repairs , 206 A.D.2d 349, 350 [1994] ; Phillips v. Catania , 155 A.D.2d 866 [1989] ). However, the record and the ends of substantial justice support a total award of no more than $3,216.40. Any additional damage award, based upon the claim that the vehicle was damaged by defendant, is not sustainable inasmuch as plaintiff failed to present "an itemized bill or invoice, receipted or marked paid, or two itemized estimates for ... repairs" for the alleged damage to his vehicle ( CCA 1804 ; see Jesurun v. AD Parking Inc. , 53 Misc. 3d 132[A], 2016 NY Slip Op. 51387[U][App Term, 1st Dept 2016] ) and failed to provide any proof of the quality or condition of the personal property alleged to have been taken while the vehicle was in defendant's custody (see White v. Communilife Scattered Site , 59 Misc. 3d 139[A], 2018 NY Slip Op. 50582[U] [App Term, 2nd Dept, 2d, 11th & 13th Jud. Dists 2018] ).