Kojtari v. A-1 Fuel

Full title: TIM KOJTARI, Respondent, v. A-1 FUEL, Appellant

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

Date published: Dec 22, 2003

2003 N.Y. Slip Op. 51684 (N.Y. App. Term 2003)

Opinion

2002-1680 OR C.

Decided December 22, 2003.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered August 12, 2002, in favor of plaintiff in the sum of $711.28.

Judgment unanimously reversed without costs and action dismissed.

PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.

In this small claims action for damages to plaintiffs house due to a "puff back" allegedly caused by defendant's delivery of "dirty oil" and improper maintenance of the burner, we find that plaintiff failed to proffer expert testimony to establish the foregoing and therefore the judgment appealed from should be reversed (UJCA 1807).