Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered October 1, 2003 after trial (Donna G. Recant, J.) in favor of plaintiff in the principal sum of $3,000, plus interest and disbursements.

PER CURIAM:

Judgment entered October 1, 2003 (Donna G. Recant, J.) modified by vacating the damage award and directing a new trial on the issue of damages only; as modified, judgment affirmed, without costs.

The trial court achieved "substantial justice" consistent with substantive law principles (see CCA 1804) in resolving the liability aspect of this small claims action in plaintiff's favor. The trial evidence, fairly interpreted (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), permits a finding that defendant damaged plaintiff's personal property during shipment from Los Angeles to New York. The damage award is not sustainable, however, since plaintiff presented no competent proof of the amount of her damages, such as the original cost of the items, their age and condition at the time of the damage and their replacement value (see 36 NY Jur 2d, Damages § 86). The ends of "substantial justice" (CCA 1807) will best be served by affording plaintiff a final opportunity to establish her claim (cf. [*2]Roundtree v Singh, 143 AD2d 995 [1988]).
This constitutes the decision and order of the Court.
Decision Date: January 07, 2005