Shaw v. Mr. Tile Custom Kitchens and Baths

Plaintiff commenced this small claims action seeking to recover $3,000 of the money he paid defendant to install new windows at plaintiffs house, claiming that defendant failed to do so in a workmanlike manner. After trial, the court dismissed plaintiffs action, finding that plaintiff failed to sustain his burden of proving his case. Reversal is only warranted if the record on appeal demonstrates that the judgment is clearly erroneous (see Ross v Friedman, 269 AD2d 584 [2000]; Moses v Randolph, 236 AD2d 706, 707 [1997]; Makas v Every, 224 AD2d 793 [1996]). In the instant case, a review of the record indicates that substantial justice was done between the parties according to the rules and principles of substantive law (see UDCA 1807; Moses, 236 AD2d 706).