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Gerczak v. Urbanski

Appellate Term of the Supreme Court of New York, Second Department
Feb 5, 2004
2004 N.Y. Slip Op. 50114 (N.Y. App. Term 2004)

Opinion

2002-1432 OR C.

Decided February 5, 2004.

Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Warwick, Orange County (P. Barlet, J.), entered July 16, 2002, in favor of defendant dismissing plaintiff's action.

Judgment unanimously affirmed without costs.

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


While plaintiff's small claims action sought to recover money damages for his share of his deceased mother's estate, in essence, said action also sought the imposition of a trust and an accounting. The court was without jurisdiction to grant said relief which is equitable in nature ( see Matter of Hellman v. Ploss, 46 AD2d 658).

Furthermore, plaintiff's action sought to recover damages for household goods and effects which were stored at his deceased mother's home and allegedly thrown out or sold by the defendant without plaintiff's permission. We are of the opinion that the evidence submitted by plaintiff, to wit, various telephone estimates which he received from unknown sources, were insufficient to establish his damages ( see 36 NY Jur 2d, Damages § 86).

In light of the foregoing, the lower court's dismissal of plaintiff's action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UJCA 1807).


Summaries of

Gerczak v. Urbanski

Appellate Term of the Supreme Court of New York, Second Department
Feb 5, 2004
2004 N.Y. Slip Op. 50114 (N.Y. App. Term 2004)
Case details for

Gerczak v. Urbanski

Case Details

Full title:LEONARD GERCZAK, Appellant, v. LILLIAN URBANSKI, Respondent

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

Date published: Feb 5, 2004

Citations

2004 N.Y. Slip Op. 50114 (N.Y. App. Term 2004)