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Speller v Hamilton Ave. Auto Sales

Appellate Term of the Supreme Court of New York, Second Department
Dec 3, 2008
2008 N.Y. Slip Op. 52451 (N.Y. App. Term 2008)

Opinion

2007-1349 K C.

Decided December 3, 2008.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered February 1, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,039.59.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


Plaintiff Robert Speller purchased a used vehicle from defendant Hamilton Avenue Auto Sales, and simultaneously purchased from said defendant an extended warranty. Subsequently, after defendant declined to service the vehicle pursuant to the extended warranty, plaintiff paid a third party $2,039.59 for repairs, and brought this small claims action seeking to recover that sum from defendant.

Upon a review of the record, we find no basis to disturb the lower court's judgment since substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1807). Accordingly, the judgment is affirmed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.


Summaries of

Speller v Hamilton Ave. Auto Sales

Appellate Term of the Supreme Court of New York, Second Department
Dec 3, 2008
2008 N.Y. Slip Op. 52451 (N.Y. App. Term 2008)
Case details for

Speller v Hamilton Ave. Auto Sales

Case Details

Full title:ROBERT SPELLER, Respondent, v. HAMILTON AVENUE AUTO SALES, Appellant

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

Date published: Dec 3, 2008

Citations

2008 N.Y. Slip Op. 52451 (N.Y. App. Term 2008)
880 N.Y.S.2d 227