BARONIUNAS v. LLC (2020)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $4,886.12, as a result of defendants' alleged breach of a contract. Following a nonjury trial, the District Court awarded plaintiff the principal sum of $500 as against defendant Private Party Capital, LLC. Plaintiff appeals on the ground of inadequacy.

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” (UDCA 1807; see UDCA 1804; Ross v. Friedman, 269 AD2d 584 [2000]; Williams v. Roper, 269 AD2d 125, 126 [2000]).

“The essential elements of a breach of contract cause of action are the existence of a contract, the plaintiff's performance under the contract, the defendant's breach of that contract, and resulting damages” (Liberty Equity Restoration Corp. v. Maeng-Soon Yun, 160 AD3d 623, 626 [2018] [internal quotation marks and citations omitted] ). As, upon a review of the record, we find that plaintiff failed to prove a breach of contract, he failed to establish that he had a right thereunder to any damages (see Macri v. Vandermark, 16 Misc 3d 134[A], 2007 NY Slip Op 51511[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2007] ). Since we find no support for the award to plaintiff of the sum of $500, substantial justice (see UDCA 1804, 1807) does not require that the award to plaintiff be increased (see e.g. Faison v. Institution for Community Living, Inc., 64 Misc 3d 146[A], 2019 NY Slip Op 51354[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; Kataev v. Royal Luxury Limo, LLC, 59 Misc 3d 146[A], 2018 NY Slip Op 50760[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018] ).

In light of the fact that Private Party Capital, LLC did not cross-appeal, we affirm the judgment.

ADAMS, P.J., GARGUILO and EMERSON, JJ., concur.