Opinion
2003-963 SC.
Decided June 7, 2004.
Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (P. Hensley, J.), dated February 14, 2003, in favor of defendant dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
The record in this small claims action seeking to recover damages for installation of an allegedly non-conforming granite countertop, reveals that plaintiff failed to establish his damages. Accordingly, the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126).