Opinion
2004-125 N C.
Decided November 19, 2004.
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (A. Cooper, J.), entered on March 22, 2002, which dismissed his action.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
Upon a prior appeal (2001 NY Slip Op 40574 [U]), this court remanded the matter in the interest of justice to the trial court to afford plaintiff an opportunity to prove causation through expert testimony. At the second trial, plaintiff's attorney stated that his expert was en route to the courthouse. After the court would not permit plaintiff to testify on the issue of causation as plaintiff was not an expert, plaintiff's attorney rested without waiting for his expert. Absent proof of causation, we are of the opinion that, in dismissing the action, the court rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807).