Opinion
No. 2011–2038DC.
2012-12-21
Dorothy McWILLIAMS, Appellant, v. Theresa MATTHEWS, Respondent.
Present: NICOLAI, P.J., LaCAVA and LaSALLE, JJ.
Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of Wappingers Falls, Dutchess County (Raymond C. Chase, J.), entered February 25, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $548.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $2,549.46, representing damages she had allegedly sustained to her rental property. At a nonjury trial, defendant conceded that she owed plaintiff $548 for various repairs and cleaning expenses which plaintiff had incurred after defendant had vacated the premises. Following the trial, the Justice Court awarded plaintiff the principal sum of $548. Plaintiff appeals on the ground of inadequacy.
Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807; Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [2000] ). With respect to the issue of damages, we note that plaintiff did not submit into evidence either a paid bill or two itemized estimates to establish the reasonable value and necessity of each of the alleged repairs for which plaintiff claims defendant is liable ( seeUJCA 1804; Rodriguez v. Mitch's Transmission, 32 Misc.3d 126[A], 2011 N.Y. Slip Op 51225[U] [App Term, 9th & 10th Jud Dists 2011] ). As the record supports the trial court's determination, we find no reason to disturb the judgment. Accordingly, the judgment is affirmed.