From Casetext: Smarter Legal Research

Thompson v. Bulson

Appellate Term of the Supreme Court of New York, Second Department
Jun 23, 2004
2004 N.Y. Slip Op. 50677 (N.Y. App. Term 2004)

Opinion

2003-1566 SC.

Decided June 23, 2004.

Appeal by defendant Lillian Maldonado from a small claims judgment of the District Court, Suffolk County (P. Barton, J.), entered August 4, 2003, in favor of plaintiff against both defendants, in the principal sum of $1,915.

Judgment unanimously affirmed without costs.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Plaintiff brought this action to recover for damage to his automobile resulting from an accident which occurred when defendant Bulson was operating a vehicle owned by his mother, defendant Maldonado.

Upon a review of the record in this small claims action, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). The trier of fact appropriately found that the presumption of permissive use was not overcome by "'substantial evidence' to the contrary" ( see Mandelbaum v. United States, 251 F2d 748). Furthermore, the fair market value of plaintiff's vehicle was properly established.


Summaries of

Thompson v. Bulson

Appellate Term of the Supreme Court of New York, Second Department
Jun 23, 2004
2004 N.Y. Slip Op. 50677 (N.Y. App. Term 2004)
Case details for

Thompson v. Bulson

Case Details

Full title:SEAN THOMPSON, Respondent, v. ROBERT E. BULSON, Defendant, and LILLIAN…

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

Date published: Jun 23, 2004

Citations

2004 N.Y. Slip Op. 50677 (N.Y. App. Term 2004)

Citing Cases

The People v. Handzik

Defendant's contention that section 24 is invalid because the general language used therein is repugant to…

The People v. Goldberg

( Village of Glencoe v. Hurford, 317 Ill. 203.) It is a cardinal rule of construction that no statute shall…