Opinion
2007-1363 OR C.
Decided November 7, 2008.
Appeal from a judgment of the City Court of Middletown, Orange County (Steven W. Brockett, J.), entered December 7, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,250.
Judgment reversed without costs and action dismissed.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
Plaintiff commenced this small claims action to recover for damage to his front lawn and paved walkway. After trial, the court awarded plaintiff $1,250.
While a trial court's factual determinations generally should not be disturbed on appeal ( e.g. Claridge Gardens v Menotti, 160 AD2d 544), particularly those made in the Small Claims Part of the court, given the limited standard of review ( see UCCA 1807; Williams v Roper, 269 AD2d 125), we find that in this case, the court's determination could not have been reached under any fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544, supra). The court credited plaintiff's testimony at trial that the damage was caused by a tow truck that had been hired by defendants, but plaintiff further testified that this was mere speculation on his part and that he did not actually see a tow truck. The record is devoid of any proof that defendants caused the damage to plaintiff's property. Accordingly, substantial justice (UCCA 1807) requires that the judgment be reversed and the action dismissed. Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.