Opinion
2005-468 S C.
Decided January 9, 2006.
Appeal from a judgment of the District Court of Suffolk County, Sixth District (Toni A. Bean, J.), entered November 4, 2004. The judgment, insofar as appealed from on the ground of inadequacy, awarded plaintiff, after a nonjury trial, the principal sum of $957.36.
Judgment, insofar as appealed from, unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
Plaintiff commenced this commercial claims action to recover for telephone services paid for but never received, and related consequential damages. The court awarded plaintiff judgment for the amount she paid defendant, but did not award any sum for her alleged consequential damages. Plaintiff appeals on the ground of inadequacy.
In our opinion, the court below properly found that plaintiff failed to establish any consequential damages. Since plaintiff did not present itemized bills or invoices receipted or marked paid in support of its claim for these damages, there was insufficient evidence to support plaintiff's request for the alleged advertising costs ( see UDCA 1804-A). Furthermore, the additional documentation provided to this court, for the first time, of the loss of income, is not properly within the present record on appeal ( see Carhuff v. Barnett's Bake Shop, 54 AD2d 969; American Ind. Contr. Co. v. Travelers Ind. Co., 54 AD2d 679).