NYC Transit Auth.

Not overruled or negatively treated on appealinfoCoverage
Supreme Court, Appellate Term, Second Dept., 2, 11 and 13 Judicial Dist.Mar 2, 2015
13 N.Y.S.3d 850 (2d Cir. 2015)

No. 2013–1850 KC.


Jolanta KALWA, Appellant, v. NYC TRANSIT AUTHORITY (Mabstoa), Respondent.


Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 7, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,212.

ORDERED that the judgment is modified by providing that the award in favor of plaintiff is increased to the principal sum of $2,594.43; as so modified, the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $3,000 for damage caused by defendant to plaintiff's vehicle. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $1,212. Plaintiff appeals on the ground of inadequacy.

In a small claims action, our review is limited to a determination of whether “substantial justice has ... been done between the parties according to the rules and principles of substantive law” (CCA 1807 ; see CCA 1804 ; Ross v. Friedman, 269 A.D.2d 584 [2000] ; Williams v. Roper, 269 A.D.2d 125, 126 [2000] ). At the trial, plaintiff submitted two itemized estimates into evidence, in the amounts of $2,594.43 and $2,875.38, respectively, establishing the reasonable value and necessity of the itemized repairs to her vehicle (see CCA 1804 ). Accordingly, under the circumstances presented, we find that substantial justice between the parties requires that the principal amount of the judgment awarded to plaintiff be increased to the principal sum of $2,594.43, the lower of plaintiff's two estimates.

PESCE, P.J., WESTON and ELLIOT, JJ., concur.

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