Batac v. Allstate Prop. Cas. Ins. Co.

Full title: ARTURO P. BATAC, Plaintiff-Appellant, v. ALLSTATE PROPERTY AND CASUALTY…

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

Date published: Jun 10, 2011

2011 N.Y. Slip Op. 51073 (N.Y. App. Term 2011)

Opinion

570523/10.

Decided June 10, 2011.

Plaintiff, as limited by his brief, appeals from so much of a judgment of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about May 5, 2010, after a nonjury trial, as limited his recovery of property damages to the principal sum of $365.81.

Judgment (Arlene P. Bluth, J.), entered on or about May 5, 2010, insofar as appealed from, affirmed, without costs.

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ.

PER CURIAM.

The amount of the property damage award in favor of plaintiff was amply supported by the record, and he failed to establish through admissible evidence any inadequacy, or that he was entitled to a greater amount pursuant to CPLR 4533-a ( see Andreani v Feygin , 11 Misc 3d 54, 55; ASA of NY, Inc. v Super Dads Auto, Inc. , 13 Misc 3d 134[A], 2006 NY Slip Op 52029[U] [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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