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McGee v. Richard Donnelly Inc.

Appellate Term of the Supreme Court of New York, Second Department
Feb 25, 2004
2004 N.Y. Slip Op. 50402 (N.Y. App. Term 2004)

Opinion

No. 2003-377 S C.

Decided February 25, 2004.

Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (E. Sperzel, J.), dated April 19, 2002, in favor of defendant dismissing the action for failure to prove damages and cross appeal by defendant insofar as the court failed to dismiss on the further ground that plaintiff failed to establish defendant's liability.

Judgment unanimously affirmed without costs.

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


In this small claims action seeking to recover damages from defendant for allegedly selling a defective carpet, the record reveals that plaintiff failed to establish liability. Accordingly, the dismissal of the small claims action was proper albeit on grounds other than stated by the court below. Under the circumstances, substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper 269 AD2d 125, 126).


Summaries of

McGee v. Richard Donnelly Inc.

Appellate Term of the Supreme Court of New York, Second Department
Feb 25, 2004
2004 N.Y. Slip Op. 50402 (N.Y. App. Term 2004)
Case details for

McGee v. Richard Donnelly Inc.

Case Details

Full title:THOMAS McGEE, Appellant-Respondent, v. RICHARD DONNELLY INC., D/B/A YOUR…

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

Date published: Feb 25, 2004

Citations

2004 N.Y. Slip Op. 50402 (N.Y. App. Term 2004)