Opinion
2003-972 SC.
Decided March 30, 2004.
Appeal by plaintiff from a commercial claims judgment of the District Court, Suffolk County (L. Donohue, J.), entered on December 18, 2002, after trial, in favor of defendant dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
In this commercial claims action by an employer to recover damages against its employee for the cost to repair its automobile, defendant cannot be held liable for the damages to plaintiff's vehicle as there has been no showing of misconduct, negligence, or lack of skill on the part of the defendant in operating the vehicle. While plaintiff disputes the defendant's account of how the vehicle sustained damages, the trier of fact was presented with issues of credibility, and the resolution thereof should not be disturbed. Accordingly, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807-A).