ROSSI v. BOUTIQUE

2007-848 K C.

2008 NY Slip Op 51449 (U)

THOMAS ROSSI, Respondent, v. PUPPY BOUTIQUE, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


Plaintiff commenced the instant small claims action, alleging that a puppy he purchased from defendant was unfit for sale. The dog died approximately two weeks after plaintiff purchased it. The proof at trial established that plaintiff incurred veterinarian expenses totaling $3,200 and that the dog was unfit for sale.

The standard of review on an appeal from a small claims judgment is whether substantial justice has been done between the parties according to the rules...

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