MOORE v. SPRINT CORP (2024)

Supreme Court, Appellate Term, New York,

Clifton R. MOORE, Plaintiff-Appellant, v. SPRINT CORP. and T-Mobile, Defendants-Respondents.

571126 /23

Decided: January 23, 2024

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

Judgment (Jeffrey S. Zellan, J.), entered on or about July 27, 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. Given that plaintiff's mobile telephone account had already been credited approximately $661 for the unauthorized products and/or services for which he had been charged, the Court properly limited plaintiff's recovery herein to $99.82, representing “late fees, termination charges, and the like” arising from the billing dispute at issue. Plaintiff failed to establish that he was entitled to any additional damages, including punitive damages.

Plaintiff's remaining contentions have been considered and rejected.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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