Opinion
2005-703 P C.
Decided February 2, 2006.
Appeal from a judgment of the Justice Court of the Town of Philipstown, Putnam County (Alan Steiner, J.), entered on November 1, 2004. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded plaintiff the principal sum of $2,900.
Judgment, insofar as appealed from, modified by reducing the amount of the award in favor of plaintiff to the principal sum of $1,300; as so modified, affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
In this small claims action, plaintiff failed to establish that he and his assistant spent a total of 40 hours working for defendant. Plaintiff's assistant, as well as defendant, testified that plaintiff and his assistant each provided only 10 hours of plumbing services. Plaintiff testified that he charges a total of $130 an hour for his and his assistant's services and said fee is reasonable and customary in the business. Accordingly, substantial justice (UJCA 1804, 1807) requires that the amount of the award in favor of plaintiff be reduced to the sum of $1,300.
Rudolph, P.J., Angiolillo and McCabe, JJ., concur.