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Albohn v. Stop Shop Supermarkets

Appellate Term of the Supreme Court of New York, Second Department
Jun 1, 2005
2005 N.Y. Slip Op. 50854 (N.Y. App. Term 2005)

Opinion

2004-707 RO C.

Decided June 1, 2005.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (B. Ugell, J.), entered November 25, 2003, awarding plaintiff the principal sum of $883.10.

Before: PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.


On the court's own motion, Jamie A. Albohn is substituted in the action as administratrix on behalf of the deceased plaintiff pursuant to CPLR 1015 and 1021, and the caption is amended accordingly.

Judgment unanimously affirmed without costs.

In this small claims action to recover for property damage to a car, substantial justice has been done between the parties according to the rules and principles of substantive law ( see UJCA 1807). A review of the record on appeal indicates that the determination of the court below clearly could have been reached under a fair interpretation of the evidence and, thus, will not be disturbed on appeal ( see Perez v. Garcia, 304 AD2d 544; Jones v. Hart, 233 AD2d 297).


Summaries of

Albohn v. Stop Shop Supermarkets

Appellate Term of the Supreme Court of New York, Second Department
Jun 1, 2005
2005 N.Y. Slip Op. 50854 (N.Y. App. Term 2005)
Case details for

Albohn v. Stop Shop Supermarkets

Case Details

Full title:JAMIE A. ALBOHN, as Administratrix of the ESTATE OF GENEVIEVE ALBOHN…

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

Date published: Jun 1, 2005

Citations

2005 N.Y. Slip Op. 50854 (N.Y. App. Term 2005)