DID THEY SWEEP THIS CASE UNDER THE RUG?
After her Small Claims case against a carpet store was dismissed, DL appealed.
DL contended that her silk and wool rug – which she owned for some 15 years – was damaged by the defendant when the item was brought in for cleaning.
Even though she admitted signing a “release,” which noted that “all carpeting and fabrics cleaned at customer's risk,” DL sued to recoup some $5000 when the rug was supposedly returned in a damaged state. Because she failed to provide any evidence as to the rug’s damaged condition nor presented evidence of the rug’s value, the Kings County Civil Court ended up dismissing the case. (Notwithstanding the dismissal, Defendant agreed to return the rug, and the $350 cleaning fee.)
On appeal the Appellate Term, Second Department, noted that in small claims cases the question is whether “substantial justice” has been effected. And to that end, considerable deference is given to the trial court’s credibility assessments.
Since DL failed to present competent evidence of the rug’s condition and value at the time it was returned to her, the AT2 concurred with the court’s determination and left the outcome undisturbed.
Was she called on the carpet there?
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DECISION