Opinion
20041114PC
Decided April 13, 2005.
Appeal by plaintiffs from a small claims judgment of the Justice Court, Town of Kent, Putnam County (J. Esposito, Sr., J.), entered August 10, 2004, in favor of defendant dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
In this small claims action to recover the cost of repair to their premises as a result of termite damage, plaintiffs failed to present any evidence to the effect that the condition existed at the time of defendant's inspection and that the failure to detect said condition was due to defendant's negligence. Accordingly, substantial justice was done between the parties according to the rules and principles of substantive law ( see UJCA 1807).