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Lippen v. Jimmy's Jet Towing

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50221 (N.Y. App. Term 2004)

Opinion

2003-777 S C.

Decided March 31, 2004.

Appeal by plaintiff on the ground of inadequacy from a small claims judgment of the Justice Court, Town of Riverhead, Suffolk County (R. Ehlers, J.), entered March 10, 2003, in favor of plaintiff in the principal sum of $1,490.

Judgment unanimously modified by increasing the amount of the award in favor of plaintiff to the sum of $2,078.27; as so modified, affirmed without costs.

PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.


Plaintiff commenced this small claims action to recover the sum of $2,915.67 for damage to his van as a result of an accident involving defendant's vehicle, which occurred on August 26, 2002. Although the evidence adduced at trial established that plaintiff's vehicle was damaged as a result of the negligence of defendant, the court below apparently found that the damage to the rear door of the van was pre-existing and did not award any sum to plaintiff therefor. Inasmuch as that determination turned upon the credibility of the witnesses, it should not be disturbed ( see Williams v. Roper, 269 AD2d 126).

Nevertheless, upon a review of the record, it is our opinion that in order for substantial justice to be done between the parties (UJCA 1807), the judgment in favor of plaintiff should be increased from $1,490 to $2,078.27, to reflect the amounts estimated to be necessary to repair both the front and rear damage to the vehicle, but excluding repair to the rear door.


Summaries of

Lippen v. Jimmy's Jet Towing

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50221 (N.Y. App. Term 2004)
Case details for

Lippen v. Jimmy's Jet Towing

Case Details

Full title:LEWIS H. LIPPEN, Appellant, v. JIMMY'S JET TOWING, Respondent

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

Date published: Mar 31, 2004

Citations

2004 N.Y. Slip Op. 50221 (N.Y. App. Term 2004)