Opinion
2008-1777 W C.
Decided June 29, 2009.
Appeal from a judgment of the Justice Court of the Town of Cortlandt Manor, Westchester County (Gerald M. Klein, J.), entered May 5, 2008. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
PRESENT: RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ.
Plaintiff brought the instant small claims action to recover damages in the sum of $1,300, alleging that defendant had dented his truck and fence in the course of its snow plowing operations. At the nonjury trial, plaintiff testified that he did not know precisely when the damage occurred and did not witness the occurrence which allegedly caused the damage. Following the trial, the Justice Court dismissed the action on the ground that plaintiff had failed to prove that defendant was responsible for the damage to plaintiff's property.
On an appeal in a small claims matter, our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law" (UJCA 1807). Notwithstanding plaintiff's allegations, the record herein supports the trial court's conclusion that it was not more likely or more reasonable that the damage to plaintiff's property was caused by the conduct of defendant's employees rather than by some other agency ( see Gayle v City of New York, 92 NY2d 936). Accordingly, since plaintiff did not demonstrate any liability on the part of defendant, we find no basis for this court to disturb the judgment.
The decision and order of this court entered herein on June 2, 2009 are hereby recalled and vacated ( see motion decided simultaneously herewith).
Rudolph, P.J., and Molia, J., concur.
Scheinkman, J., taking no part.