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Patkowska v. Torres

Appellate Term of the Supreme Court of New York, Second Department
Nov 21, 2005
2005 N.Y. Slip Op. 51903 (N.Y. App. Term 2005)

Opinion

2004-1651 W C.

Decided November 21, 2005.

Appeal from a judgment of the Justice Court of the Village of Tarrytown, Westchester County (Kyle C. McGovern, J.), entered October 28, 2004. The judgment, insofar as appealed from on the ground of inadequacy, awarded plaintiff, after a nonjury trial, the sum of $165.80 plus costs.

Judgment unanimously affirmed without costs.

PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.


Plaintiff instituted this small claims action for damage caused by defendants to plaintiff's vehicle as a result of a shopping cart rolling into it. After hearing the testimony and reviewing the evidence, the court found defendants responsible for the damage to the headlight. The court concluded that the additional damage set forth in the estimates of repair were either preexisting or the result of wear and tear. Since the court's findings were supported by credible evidence adduced upon the trial, including a paid bill which itemized the cost of replacement of the headlight, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1807).


Summaries of

Patkowska v. Torres

Appellate Term of the Supreme Court of New York, Second Department
Nov 21, 2005
2005 N.Y. Slip Op. 51903 (N.Y. App. Term 2005)
Case details for

Patkowska v. Torres

Case Details

Full title:MARGARET J. PATKOWSKA, Appellant, v. MIRTA TORRES and EMELINA OJITO…

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

Date published: Nov 21, 2005

Citations

2005 N.Y. Slip Op. 51903 (N.Y. App. Term 2005)
809 N.Y.S.2d 482