Opinion
2005-718 RO C.
Decided February 6, 2006.
Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Craig E. Johns, J.), entered November 23, 2004. The judgment, after a nonjury trial, dismissed the action.
Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $1,525.55.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
In this small claims action, plaintiff demonstrated that the paint job performed by defendant was defective. Plaintiff presented two itemized estimates establishing, prima facie, the reasonable value and necessity of the repairs (UJCA 1804). While the trial court found that the paint job was defective and that plaintiff sustained damages as a result thereof, it erred in concluding that, under the circumstances presented, plaintiff had to afford defendant an opportunity to remedy the problem. Consequently, substantial justice ( see UJCA 1804, 1807) requires that judgment be entered in favor of plaintiff in the sum of $1,525.55.