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Clement v. Luciano

Appellate Term of the Supreme Court of New York, First Department
Apr 8, 2005
2005 N.Y. Slip Op. 50505 (N.Y. App. Term 2005)

Opinion

570032/05.

Decided April 8, 2005.

Plaintiff, as limited by her brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County, entered on or about October 14, 2004 after trial (Howard H. Sherman, J.) as limited her recovery of damages to the principal sum of $389.

Judgment entered on or about October 14, 2004 (Howard H. Sherman, J.) affirmed without costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.


On this record, and considering the range of the repair estimates presented by plaintiff and the testimony of a nonparty witness describing the most serious damage to plaintiff's car as a "little dent" in the driver's side door, we are satisfied that the damage award issued to plaintiff was neither inadequate nor inconsistent with the mandate of "substantial justice" (CCA 1807).

This constitutes the decision and order of the Court.


Summaries of

Clement v. Luciano

Appellate Term of the Supreme Court of New York, First Department
Apr 8, 2005
2005 N.Y. Slip Op. 50505 (N.Y. App. Term 2005)
Case details for

Clement v. Luciano

Case Details

Full title:RUTHLEONA CLEMENT, Plaintiff-Appellant, v. LUIS LUCIANO…

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

Date published: Apr 8, 2005

Citations

2005 N.Y. Slip Op. 50505 (N.Y. App. Term 2005)