A to Z Locksmith v. U6, Inc.

Full title: A to Z LOCKSMITH, Plaintiff-Appellant, v. U6, INC., Defendant-Respondent

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

Date published: Jun 8, 2011

2011 N.Y. Slip Op. 51049 (N.Y. App. Term 2011)

930 N.Y.S.2d 173

Opinion

570086/11.

Decided June 8, 2011.

Plaintiff appeals, as limited by his brief, from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered on or about June 24, 2010, after trial, in favor of defendant dismissing the action.

Judgment (Manuel J. Mendez, J.), entered on June 24, 2010, affirmed, without costs.

PRESENT: Shulman, J.P., Schoenfeld, Torres, JJ.

PER CURIAM.

Upon review of the record, the dismissal of the action achieved "substantial justice between the parties according to the rules of substantive law" (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125, 126, lv dismissed 95 NY2d 898). Plaintiff failed to establish that defendant caused or exacerbated the alleged damage to its vehicle ( cf. Washington v McNaughton , 13 Misc 3d 137 [A], 2006 NY Slip Op 52183[U]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.