POVEROMO v. HUANG (2021)

Supreme Court, Appellate Term, New York,

Joseph POVEROMO, Appellant, v. Qia Wen HUANG, Respondent.

2021-197 K C

Decided: July 30, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.

Joseph Poveromo, appellant pro se. Qia Wen Huang, respondent pro se (no brief filed).

ORDERED that the judgment is affirmed, without costs

Plaintiff commenced this small claims action seeking to recover the principal sum of $2,046 for property damage to his awning. At a nonjury trial, plaintiff conceded that someone other than defendant had damaged his property. Following the trial, the Civil Court dismissed the action.

In a small claims action, our review is limited to a determination of whether “substantial justice has ․ been done between the parties according to the rules and principles of substantive law” (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

Upon a review of the record, we find no basis to disturb the court's determination dismissing the action, as plaintiff failed to establish liability on the part of defendant since plaintiff conceded that someone other than defendant had damaged his awning.

In view of the foregoing, we find that the judgment rendered substantial justice (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

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