Todd Johnson, Plaintiff-Appellant, v. City of New York Corporation Counsel, Defendant-Respondent. (2024)

Supreme Court, Appellate Term, New York,

Todd Johnson, Plaintiff-Appellant, v. City of New York Corporation Counsel, Defendant-Respondent.

571116 /23

Decided: January 16, 2024

PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.

Per Curiam.

Judgment (Jeffrey S. Zellan, J.), entered on or about November 18, 2022, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of this Small Claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. Plaintiff did not establish his entitlement to any additional damages for the conversion of his vehicle. Plaintiff's estimates for vehicles newer than the subject 2003 Honda Pilot lacked probative value and the court properly based its award on Kelley Blue Book valuations for comparable vehicles (see Schussheim v Snitkoff, 55 Misc 3d 150[A], 2017 NY Slip Op 50732[U][App Term, 2d Dept, 9th & 10th Jud Dists 2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: January 16, 2024

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