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Yoli v Runge Moving & Stor. (2006 NY Slip Op 50738(U))
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Decided on April 14, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ 2005-689 W C.
Michael Yoli, Respondent,
against
Runge Moving and Storage, Appellant.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), entered March 5, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $300.
Judgment reversed without costs and action dismissed.
Plaintiff instituted this small claims action for damages as a result of defendant's failure to move his furniture and personal effects from his apartment in the Bronx to a home in Poquague, New York within one day. The testimony at trial established that the move was delayed due to plaintiff's failure to pack his own items as had been previously agreed. As a result, even with the assistance of two extra men, who arrived
file:///C|/Users/Peter/Desktop/NY/2/2006_50738.htm[4/21/2013 5:02:45 PM] Yoli v Runge Moving & Stor. (2006 NY Slip Op 50738(U))
at about 10 or 11 A.M., to supplement the original 3-man crew, which had arrived at plaintiff's Bronx apartment at 9:00 A.M., defendant was unable to complete loading the contents of the apartment into the truck until approximately 5:00 P.M. At that point, defendant's foreman indicated that it would not be prudent for the driver and crew to travel approximately 3

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