RAAB
v.
SYSTEMATIC CONTROL CORP.

Appellate Term of the Supreme Court of New York, Second DepartmentOct 8, 2009
901 N.Y.S.2d 910 (N.Y. Misc. 2009)
901 N.Y.S.2d 9102009 N.Y. Slip Op. 52050

2008-1449 N C.

Decided October 8, 2009.

Appeal from a judgment of the District Court of Nassau County, Third District (Robert H. Spergel, J.), entered August 27, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,276.42.

ORDERED that the judgment is affirmed without costs.

PRESENT: MOLIA, J.P., NICOLAI and TANENBAUM, JJ.


In this small claims action for breach of warranty, plaintiffs seek to recover the cost to repair their air conditioning system. After a nonjury trial, the District Court found in favor of plaintiffs, awarding them the principal sum of $2,276.42. Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1804, 1807). The evidence adduced at trial established that before the one-year warranty expired, plaintiffs notified defendant of the defect, which defendant failed to adequately repair. Accordingly, the judgment is affirmed.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur.