Appellate Term, Second Department · June 4, 2026 · 2026 NY Slip Op 51291[U]
Sialiano v Costco Wholesale
Read the official decision: 2026 NY Slip Op 51291[U]
Holding The judgment dismissing the small claims action was affirmed because the plaintiff failed to meet the burden of proving the amount of damages. The plaintiff did not provide expert testimony or two itemized repair estimates for the unrepaired vehicle damage.
The court’s words
it was incumbent on plaintiff to come forward with expert testimony or to produce two itemized estimates of the cost of repair
2026 NY Slip Op 51291[U], at the official text
As plaintiff failed to come forward with such evidence, we find that the judgment dismissing plaintiff's action provided the parties with substantial justice
2026 NY Slip Op 51291[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 4, 2026 |
| Citation | 2026 NY Slip Op 51291[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending June 6, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51291[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 231 |
Recommended citation
ESQ HQ, New York Law Watch, Sialiano v Costco Wholesale, 2026 NY Slip Op 51291[U] (Appellate Term, Second Department, June 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51291-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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