Opinion
2007-33 K C.
Decided November 5, 2008.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 22, 2006. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
In this small claims action, plaintiff seeks to recover the sum of $1,330, representing the price he paid for a musical instrument he purchased from defendant. Several days after the purchase, plaintiff sought to return the instrument and obtain a refund. After a nonjury trial, the court dismissed the action.
The evidence adduced at trial established that defendant's no-refund policy was posted at each cash register ( see General Business Law § 218-a). In addition, plaintiff failed to provide proof that the item he purchased was defective or that there was a breach of the warranty of merchantability (UCC 2-314). Accordingly, the court's finding in favor of defendant rendered substantial justice between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807).
Pesce, P.J., Weston Patterson and Rios, JJ., concur.