WYCHE v. BMW MANHATTAN (2024)

Judgment (Judy H. Kim, J.), entered on February 26, 2019, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice” has not been done between the parties according to the rules and principles of substantive law (CCA 1807). Applying this narrow standard of review (see Williams v Roper, 269 AD2d 125, 126-127 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the judgment of the trial court dismissing plaintiff's claim. A fair interpretation of the evidence supports the finding that plaintiff failed to establish that his automobile accident was proximately caused by a defect in his vehicle's tires for which defendant was responsible.

The prior order granting defendant's motion to vacate the default judgment did not constitute a denial of substantial justice (see Grossfield v Gabriel Mgt. Corp., 5 Misc 3d 128[A], 2004 NY Slip Op 51247[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2004]), given that defendant set forth an excuse for the isolated default and a meritorious defense to plaintiff's claim.

Plaintiff's remaining contentions have been considered and rejected.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.