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Gasparini v. Temperature Control

Appellate Term of the Supreme Court of New York, Second Department
Feb 3, 2004
2004 N.Y. Slip Op. 50113 (N.Y. App. Term 2004)

Opinion

2003-636 OR C.

Decided February 3, 2004.

Appeal by plaintiff from a small claims judgment of the Justice Court, Town of New Windsor, Orange County (D. Suttlehan, J.), entered March 21, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


In this small claims action for failure to complete the work, labor and services agreed upon, we find that plaintiff failed to establish a prima fade case as to the value and necessity of the alleged repairs (UJCA 1804). Thus, substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).


Summaries of

Gasparini v. Temperature Control

Appellate Term of the Supreme Court of New York, Second Department
Feb 3, 2004
2004 N.Y. Slip Op. 50113 (N.Y. App. Term 2004)
Case details for

Gasparini v. Temperature Control

Case Details

Full title:PETER A. GASPARINI, Appellant, v. TEMPERATURE CONTROL INC. DOUG HIRSCH…

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

Date published: Feb 3, 2004

Citations

2004 N.Y. Slip Op. 50113 (N.Y. App. Term 2004)