Opinion
2008-845 Q C.
Decided February 13, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph J. Esposito, J.), entered October 22, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,100 and dismissed defendant's counterclaim.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ.
Plaintiff commenced this small claims action to recover $3,000 for damage to her personal property, and defendant interposed a counterclaim seeking damages for breach of contract. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $2,100 and dismissed the counterclaim.
Upon a review of the record, we find that the Civil Court rendered substantial justice between the parties according to the rules and principles of substantive law (CCA 1807). Plaintiff established a prima facie case by submitting at least two estimates for the damages she sustained (CCA 1804), and the counterclaim was properly dismissed since the proof showed that defendant failed to substantially perform under the agreement ( see Industrial Paint Servs. Corp. v Flower City Glass Co., 188 AD2d 990). Thus, there is no basis to disturb the Civil Court's judgment.
Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.