FERGUSON v. DOLLA AUTO COLLISION CORP (2021)

Supreme Court, Appellate Term, New York,

Uton FERGUSON, Plaintiff-Appellant, v. M-DOLLA AUTO COLLISION CORP., Defendant-Respondent.

570027 /21

Decided: June 17, 2021

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

Judgment (Marian C. Doherty, J.), entered on or about September 24, 2019 affirmed, without costs.

The amount of the damage award ($34.57) 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 defective automobile repairs beyond the sum awarded, which was based upon findings contained in the Department of Motor Vehicles Investigation Report. Plaintiff submitted only one itemized estimate showing a higher cost to repair, when two are required by CCA 1804, and this estimate was, in any event, too remote in time from the incident to be of any probative value (see Wyche v VFC Indus., Ltd., 65 Misc 3d 149[A], 2019 NY Slip Op 51833[U] [App Term, 1st Dept 2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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