Opinion
April 15, 1996
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly concluded that the subject contract, which was for the installation of marble floors in the plaintiffs' condominium, fell within the ambit of CPLR 4544 as one involving a "consumer transaction" wherein the service performed is primarily for household purposes (CPLR 4544; Matter of Filippazzo v. Garden State Brickface Co., 120 A.D.2d 663; cf., Drelich v. Kenlyn Homes, 86 A.D.2d 648). The court also properly concluded that the "Terms and Conditions" in the subject contract are not admissible into evidence against the plaintiffs at trial since they are printed in a type size that fails to satisfy the type size requirement set forth in CPLR 4544.
The appellant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.