Appeal by plaintiff from a small claims judgment of the City Court, City of Yonkers, Westchester County (A. Doran, J.), entered on December 11, 2001, in favor of defendant dismissing the action after trial.

Judgment unanimously affirmed without costs.

In this small claims action, plaintiff sought to recover damages in the amount of $2,510 resulting from defendant's sale to her of a defective bedroom set.

In our opinion, plaintiff failed to establish an effective and timely rejection of the bedroom set (see UCC 2-602 [1]). Moreover, even assuming that plaintiff had effectively rejected the set, plaintiffs testimony was inconsistent as to the purchase price, and there was no documentary evidence submitted which would enable the court to determine same. Without such evidence, it is impossible to determine plaintiffs damages based on rejection (see UCC 2-71 1) or on any other theory (UCC 2-7 14; see also UCCA 1804).

Our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law" (UCCA 1807). It cannot be said, based on the record herein, that dismissal of the action was so clearly erroneous as to warrant reversal.
Decision Date: December 03, 2003