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Martinez v. Five Star Car Wash, Inc.

Appellate Term of the Supreme Court of New York, Second Department
Sep 30, 2005
2005 N.Y. Slip Op. 51584 (N.Y. App. Term 2005)

Opinion

2004-1505 OR C.

Decided September 30, 2005.

Appeal from a judgment of the City Court of Middletown, Orange County (Richard J. Guertin, J.), entered April 20, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $895.05.

Judgment unanimously affirmed without costs.

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


Plaintiff commenced the instant small claims action to recover the cost to repair his vehicle which was damaged in defendant's car wash. On appeal, defendant does not contest liability, but rather seeks a reduction in the amount awarded to plaintiff based upon facts which are dehors the record. As a result, this court need not concern itself with the credibility of the parties. Inasmuch as the record on appeal establishes that the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law, the judgment should be affirmed ( see UCCA 1807).


Summaries of

Martinez v. Five Star Car Wash, Inc.

Appellate Term of the Supreme Court of New York, Second Department
Sep 30, 2005
2005 N.Y. Slip Op. 51584 (N.Y. App. Term 2005)
Case details for

Martinez v. Five Star Car Wash, Inc.

Case Details

Full title:JOSE J. MARTINEZ, Respondent, v. FIVE STAR CAR WASH, INC., Appellant

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

Date published: Sep 30, 2005

Citations

2005 N.Y. Slip Op. 51584 (N.Y. App. Term 2005)