Bernabela Almonte d/b/a Elegant Driving School Inc., Plaintiff-Respondent, v. RFS (2026)

Supreme Court, Appellate Term, New York,

Bernabela Almonte d/b/a Elegant Driving School Inc., Plaintiff-Respondent, v. Wilson R. Reyes Castillo d/b/a RFS Cargo Express, Defendant-Appellant.

570457 /26

Decided: June 15, 2026

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Per Curiam.

Judgment (Eliezer Rodriguez, J.), entered July 9, 2025, modified, by reducing the amount of plaintiff's recovery to the principal sum of $2,501.00; as modified, judgment affirmed, without costs.

Except as indicated, the trial court achieved "substantial justice" consistent with substantive law principles (see CCA §§ 1804, 1807; see also Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), in awarding judgment to plaintiff. A fair interpretation of the evidence supports a finding that defendant was the beneficiary of a duplicate money transfer, for which he failed to reimburse plaintiff. However, the record and the ends of substantial justice support a recovery of damages in the principal sum of $2,501, the correct amount of the duplicate money transfer retained by defendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 15, 2026

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