From Casetext: Smarter Legal Research

Hamill v. Great Expressions Dental

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Dec 13, 2018
62 Misc. 3d 129 (N.Y. App. Term 2018)

Opinion

2018-997 RO C

12-13-2018

David HAMILL and Donna Hamill, Appellants, v. GREAT EXPRESSIONS DENTAL, Dr. Kim, and Dr. Symeco, Respondents.

David Hamill and Donna Hamill, appellants pro se. Great Expressions Dental, Dr. Kim, and Dr. Symeco, respondents pro se (no brief filed).


David Hamill and Donna Hamill, appellants pro se.

Great Expressions Dental, Dr. Kim, and Dr. Symeco, respondents pro se (no brief filed).

PRESENT: : BRUCE E. TOLBERT, J.P., JAMES V. BRANDS, TERRY JANE RUDERMAN, JJ

ORDERED that the judgment is affirmed, without costs.

Plaintiffs commenced this small claims action to recover the sum of $3,000 based on, among other things, defendants' having furnished a defective bridge that had been cemented into plaintiff Donna Hamill's mouth. Following a nonjury trial, at which Donna Hamill did not testify, the Justice Court dismissed the action.

In a small claims action, our review is limited to a determination of whether "substantial justice has ... been done between the parties according to the rules and principles of substantive law" ( UJCA 1807 ; see UJCA 1804 ; Ross v. Friedman , 269 AD2d 584 [2000] ; Williams v. Roper , 269 AD2d 125 [2000] ). Although small claims courts are not bound by statutory provisions or rules of practice, procedure, pleading or evidence (see UJCA 1804 ), a small claims judgment may not be based on hearsay alone (see Zelnik v. Bidermann Indus. U.S.A. , 242 AD2d 227 [1997] ; Levins v. Bucholtz , 2 AD2d 351 [1956] ). At the trial, David Hamill was the sole witness on behalf of plaintiffs. As plaintiffs failed to submit any expert testimony, which is required in a dental malpractice action (see Blum v. Yuabov , 12 Misc 3d 139[A], 2006 NY Slip Op 51333[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2006] ), to support their contention that defendants provided a bridge that did not fit Donna Hamill properly, plaintiffs failed to establish defendants' liability.

In view of the foregoing, the judgment dismissing the action rendered substantial justice between the parties (see UJCA 1804, 1807 ).

Accordingly, the judgment is affirmed.

TOLBERT, J.P., BRANDS and RUDERMAN, JJ., concur.


Summaries of

Hamill v. Great Expressions Dental

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Dec 13, 2018
62 Misc. 3d 129 (N.Y. App. Term 2018)
Case details for

Hamill v. Great Expressions Dental

Case Details

Full title:David Hamill and Donna Hamill, Appellants, v. Great Expressions Dental…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Dec 13, 2018

Citations

62 Misc. 3d 129 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51880
112 N.Y.S.3d 423

Citing Cases

Topiel v. Caremount Med., P.C.

"An appeal from a small claims judgment is permitted on the sole grounds that substantial justice has not…

Gonsalves v. Biondo

intiff in a small claims action for dental malpractice generally must establish the elements of malpractice…