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BARBARA TOWNSEND, plf-res, v. EASTCHESTER HEIGHTS, LP, def-app

15-474. BARBARA TOWNSEND, plf-res, v. EASTCHESTER HEIGHTS, LP, def-app — Judgment (Anthony Cannataro, J.), entered on or about May 6, 2015, modified to reduce plaintiff's damage award to the principal sum of $470; as modified, judgment affirmed, without costs.

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15-474. BARBARA TOWNSEND, plf-res, v. EASTCHESTER HEIGHTS, LP, def-app — Judgment (Anthony Cannataro, J.), entered on or about May 6, 2015, modified to reduce plaintiff’s damage award to the principal sum of $470; 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, since the evidence permits a finding that plaintiff’s household property was damaged as a result of a sewage backup in her apartment. Nor does the record disclose any evidentiary errors warranting reversal (see Ellis v. Collegetown Plaza, 301 AD2d 758, 759 [2003]). However, the ends of “substantial justice” are best served by reducing plaintiff’s recovery of damages to the principal sum of $470, an amount more commensurate with the property damage reflected by plaintiff’s trial exhibits.

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