Plaintiff’s VG and KO filed a small claims lawsuit against their next-door neighbor, KB, seeking $4,146 for water damage to their property after a rainstorm on April 30, 2023. They claimed that a recently built structure on KB’s property caused water to be diverted onto their property, flooding the plaintiffs’ basement. KO testified that their basement had never flooded before the structure was built and that KB had agreed to pay for the damage after being informed about the infiltration.
During the nonjury trial, KB acknowledged receiving a call from KO about the damage and agreed to pay for any damage she was deemed responsible for. After the Nassau County District Court awarded the plaintiffs $3,846.76, KB appealed, arguing that the plaintiffs had not proven her liability.
On its review, the Appellate Term, Second Department, noted that in a small claims case, its analysis was limited to whether “substantial justice had been done according to the rules of substantive law.” Because it found there was sufficient evidence to establish KB’s liability, the money judgment was left undisturbed.
Think KB was flooded with emotion there?
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DECISION
VG v. KB