Opinion
2008-1987 OR C.
Decided October 20, 2009.
Appeal from a judgment of the City Court of Newburgh, Orange County (Peter M. Kulkin, J.), entered December 20, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,900.
ORDERED that the judgment is reversed without costs and the action is dismissed.
PRESENT: NICOLAI, P.J., TANENBAUM and MOLIA, JJ.
In this small claims action, plaintiff seeks to recover damages for allegedly defective concrete work that was done by defendant to the floor of plaintiff's garage. After a nonjury trial, the City Court awarded plaintiff damages in the sum of $2,900, consisting of $1,100 for monies paid by plaintiff to defendant for such work and $1,800 for monies allegedly paid to another to repair defendant's work.
Even assuming that plaintiff established that defendant's work was defective, upon a review of the evidence, we find that substantial justice has not been done between the parties according to the rules and principles of substantive law ( see UCCA 1807). The proper measure of damages would be the reasonable cost to repair or replace the concrete floor ( see Halsey v Connor, 287 AD2d 597; see also UCCA 1804). Plaintiff's testimony, that she hired another to repair the concrete slab installed by defendant, is not sufficiently supported. She presented no itemized bill or invoice, receipted or marked paid, for such work or even two itemized estimates for such repairs ( see UCCA 1804). She introduced no check into evidence in the amount of $1,800, the sum awarded to her by the trial court to repair defendant's allegedly defective work. The two checks offered into evidence by plaintiff do not support a finding that plaintiff paid to have the defective slab removed. The first check was made out to Creg Maroney for $1,200, and was dated October 23, 2006, which was before the date defendant performed the work on November 18, 2006. The second check, in the sum of $1,100, was dated November 18, 2006, and was made out to defendant for the installation of the concrete slab. As the record is devoid of any proof of damages ( see UCCA 1804), the judgment awarding plaintiff the principal sum of $2,900 is reversed and the action is dismissed.
Nicolai, P.J., Tanenbaum and Molia, JJ., concur.