Batac v. Allstate Prop.

• Decision Date: 10 June 2011
• Docket Number: 570523/10.
• Parties: Arturo P. Batac, Plaintiff-Appellant, v. Allstate Property and Casualty Insurance Company, Defendant, -and- GEICO Insurance Company, Defendant-Respondent.
• Court: New York Supreme Court — Appellate Term

2011 NY Slip Op 51073

Arturo P. Batac, Plaintiff-Appellant,

v. Allstate Property and Casualty Insurance Company, Defendant,-and- GEICO Insurance Company, Defendant-Respondent.

570523/10.

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

Decision Date: June 10, 2011

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ

Plaintiff, as limited by his brief, appeals from so much of a judgment of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered on or about May 5, 2010, after a nonjury trial, as limited his recovery of property damages to the principal sum of $365.81.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered on or about May 5, 2010, insofar as appealed from, affirmed, without costs.

The amount of the property damage award in favor of plaintiff was amply supported by the record, and he failed to establish through admissible evidence any inadequacy, or that he was entitled to a greater amount pursuant to CPLR 4533-a (see Andreani v Feygin, 11 Misc 3d 54, 55 [2006]; ASA of NY, Inc. v Super Dads Auto, Inc., 13 Misc 3d 134[A], 2006 NY Slip Op 52029[U] [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur