Opinion
No. 2011–2982QC.
2013-03-29
Donna SCOTT, Appellant, v. TIME WARNER CABLE CO. and Midtown Express, Respondents.
Present: PESCE, P.J., WESTON and SOLOMON, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Harriet L. Thompson, J.), entered March 14, 2011. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the sum of $2,000 for damage to a television set. Following a nonjury trial, judgment was entered in favor of defendants dismissing the action. Upon a review of the record, we find that the judgment rendered substantial justice between the parties in accordance with the rules and principles of substantive law ( see CCA 1804, 1807).
At trial, plaintiff failed to establish that she was the owner of the television, and, in any event, she failed to prove her damages through either expert testimony or an itemized bill or invoice, receipted or marked paid, or two itemized estimates for services or repairs ( seeCCA 1804). While plaintiff argues on appeal that she did not feel that she needed to present witnesses, it is well settled that a plaintiff who appears pro se does so at her own peril and acquires no greater rights than that of any other litigant ( see Roundtree v. Singh, 143 A.D.2d 995 [1988] ).
Accordingly, the judgment is affirmed.