Opinion
2002-1741 W C.
Decided December 2, 2003.
Appeal by defendant from a small claims judgment of the City Court, City of Rye, Westchester County (J. Alfano, J.), entered July 1, 2002, as amended June 10, 2003, in favor of plaintiff in the sum of $1,489.30, plus interest and costs.
Judgment unanimously affirmed without costs.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Plaintiff commenced the instant small claims action to recover damages for the destruction of the cap of his truck. A review of the record establishes that substantial justice has been done between the parties according to the rules and principles of substantive law ( see UCCA 1807).
A bailment, made without compensation and without any benefit to the bailee, is a gratuitous bailment ( see 9 NY Jur 2d, Bailments and Chattel Leases § 6). In such instances, the bailee is liable only for gross negligence or bad faith ( see Voorhis Consolidated Rail Corp., 60 NY2d 878; Dalton v. Hamilton Hotel Operating Co., 242 NY 481). In situations involving gratuitous bailments, the failure to return the bailed object establishes a prima facie case of gross negligence, requiring the bailee to come forward with an explanation ( see Voorhis v. Consolidated Rail Corp., supra at 879; Dalton v. Hamilton Hotel Operating Co., supra at 488).
In this case, the parties offered conflicting accounts as to the circumstances under which the cap was left with defendant. The court credited plaintiffs version, and found that defendant failed to satisfy the burden of showing the circumstances of the loss. Given the limited scope of review in small claims proceedings, the deference normally accorded a trial court's credibility determinations "applies with greater force" here ( see Albert v. Margaretten, NYLJ, May 14, 2002 [App Term, 9th and 10th Jud Dists]). Furthermore, since there was conflicting evidence as to the availability of a used cap, the court was entitled, in evaluating the amount to be awarded, to credit the evidence submitted by plaintiff and reject the testimony of defendant's expert.