DISMISSAL OF SMALL CLAIMS CASE UPHELD ON APPEAL
After DW filed a small claims case against BMW Manhattan, the New York County Civil Court ended up dismissing the dispute.
And on appeal, after noting that a “substantial justice” standard applied in such cases, and that it was a “narrow standard of review,” the Appellate Term, First Department, ended up affirming the outcome – particularly since DW failed to show that his auto accident was the result of a defect in his vehicle’s tires (or that BMW was somehow responsible).
And because it didn’t think that excusing BMW’s earlier default in the case was inappropriate, or a “denial of substantial justice,” it also refused to modify that outcome.
That sure was tiring ….
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DECISION