BADALAMENTE v. FORTE

2007-701 W C.

2008 NY Slip Op 51433 (U)

MICHELLE BADALAMENTE and ROBERT BADALAMENTE, Respondents, v. PAOLO FORTE and FRANK ROCCO, Appellants.

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

Decided July 2, 2008.


Plaintiffs commenced this small claims action to recover damages for overpayment of hot water and electricity bills resulting from shared metering. Although defendants admitted liability, the record does not support the trial court's award of damages in the sum of $1,000. The court's decision sheds no light as to the basis for its finding that defendants were liable for the sum of $1,000. Consequently, the trial court failed to provide the parties with substantial justice...

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