Opinion
2002-1771 N C.
Decided November 21, 2003.
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered on March 6, 2002, dismissing the claim against defendant.
Judgment unanimously affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
In this action to recover damages for breach of contract, plaintiff testified at trial that he had ordered a 4.5 liter engine to be installed by the defendant. We find that plaintiff has failed to establish by credible evidence that the defendant installed the wrong engine in the automobile or that the engine was installed improperly. Even assuming arguendo that the credit card receipt establishes that plaintiff paid for various repairs, the plaintiff did not present any expert testimony to establish his claim for the price of the "core" or that the installation of the engine was done improperly. Thus, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807).