Opinion
2007-848 K C.
Decided July 8, 2008.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered December 21, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,000.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.
Plaintiff commenced the instant small claims action, alleging that a puppy he purchased from defendant was unfit for sale. The dog died approximately two weeks after plaintiff purchased it. The proof at trial established that plaintiff incurred veterinarian expenses totaling $3,200 and that the dog was unfit for sale.
The standard of review on an appeal from a small claims judgment is whether substantial justice has been done between the parties according to the rules and principles of substantive law (CCA 1807). A small claims judgment may not be reversed absent a showing that there is no support in the record for the court's conclusions, or that the court's determination is otherwise so clearly erroneous as to deny substantial justice ( see Forte v Bielecki, 118 AD2d 620). Plaintiff was entitled to recover damages on a theory that defendant breached the implied warranty of merchantability (UCC 2-314; see Budd v Quinlan, 19 Misc 3d 66 [App Term, 9th 10th Jud Dists 2008]; Appell v Rodriguez, 14 Misc 3d 131[A], 2007 NY Slip Op 50051[U] [App Term, 9th 10th Jud Dists 2007]; Saxton v Pets Warehouse, 180 Misc 2d 377 [App Term, 9th 10th Jud Dists 1999]). Thus, plaintiff was entitled to the veterinarian expenses he reasonably incurred (UCC 2-714, 2-715). Accordingly, substantial justice has been done between the parties according to the rules and principles of substantive law (CCA 1807).
Pesce, P.J., Golia and Steinhardt, JJ., concur.