Opinion
No. 2013–1751 Q C.
11-06-2014
Joyce MILLINER, Respondent, v. Ron SHAHAR, Appellant.
Opinion
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 5, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.
ORDERED that the judgment is reversed, without costs, and the action is dismissed.
Plaintiff commenced this small claims action to recover the principal sum of $5,000 for breach of warranty in connection with her purchase of defendant's house. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $5,000.
The only evidence presented at trial in support of plaintiff's alleged damages were various personal checks issued to individuals who allegedly had made repairs to the premises in question. Plaintiff bore the burden of proving both the need for, and the reasonable cost of, repairs that were necessitated by the alleged defects relating to the premises defendant sold to plaintiff. However, at trial, plaintiff failed to present expert testimony concerning the repairs she claimed were necessary, or any itemized bill or invoice, receipted or marked paid, or two itemized estimates for such services or repairs (see CCA 1804 ; Torres v. Cosmopolitan Assoc., LLC, 27 Misc.3d 134[A], 2010 N.Y. Slip Op 50717[U] [App Term, 2d, 11th & 13th Jud Dists 2010] ). The checks presented by plaintiff were inadequate to establish that the repairs were necessary. Consequently, the judgment failed to provide the parties with substantial justice according to the rules and principles of substantive law (see CCA 1807 ).
Accordingly, the judgment is reversed and the action is dismissed.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.?