Opinion
2008-1804 S C.
Decided October 6, 2009.
Appeal from a judgment of the District Court of Suffolk County, Second District (C. Stephen Hackeling, J.), entered March 7, 2008. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed without costs.
PRESENT: MOLIA, J.P., NICOLAI and TANENBAUM, JJ.
Plaintiff, a home improvement contractor, commenced this commercial claims action to recover for work, labor and services rendered. At trial, defendants established that plaintiff did not perform the work in a workmanlike manner and that the walls, floor and bathtub liner installed by plaintiff had to be replaced. As plaintiff had not substantially performed the contract, we find that the District Court's judgment in favor of defendants dismissing the action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UDCA 1807-A). Accordingly, the judgment is affirmed.
Molia, J.P., Nicolai and Tanenbaum, JJ., concur.