Nuijens v. Novy

OPINION OF THE COURT

Franklin T. Russell, J.

Plaintiff brings this action in Small Claims Court asking for the recovery of the sum of $254.63, alleging that a licensed veterinarian determined that a dog purchased by plaintiff from defendant was unfit for purchase under article 35-B of the General Business Law. The parties presented their testimony and evidence before the Honorable Franklin T. Russell, Town Justice of the Town of Arcadia, on July 14, 1989.

Plaintiff purchased the dog on or about March 1, 1989 for *454the sum of $400. At the time of purchase, defendant, who is self-employed as a…