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Express Dormers, Inc. v. Walker

Appellate Term of the Supreme Court of New York, Second Department
Mar 16, 2009
2009 N.Y. Slip Op. 50458 (N.Y. App. Term 2009)

Opinion

2008-780 S C.

Decided March 16, 2009.

Appeal from a judgment of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered March 25, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

PRESENT: TANENBAUM, J.P., MOLIA and LaCAVA, JJ.


Plaintiff, a licensed home improvement contractor, commenced this commercial claims action to recover the sum of $5,000 for unpaid work. Defendant counterclaimed to recover $5,000, alleging that plaintiff caused a flood in her basement and that plaintiff did not perform in a workmanlike manner. Defendant further asserted that she had to expend various sums to repair the work done by plaintiff. Upon a review of the record, we find that the District Court's determination in finding for plaintiff rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UDCA 1807-A). We note that the evidence adduced at trial established that plaintiff was a licensed home improvement contractor, and thus, was not barred from commencing this action.

Tanenbaum, J.P., Molia and LaCava, JJ., concur.


Summaries of

Express Dormers, Inc. v. Walker

Appellate Term of the Supreme Court of New York, Second Department
Mar 16, 2009
2009 N.Y. Slip Op. 50458 (N.Y. App. Term 2009)
Case details for

Express Dormers, Inc. v. Walker

Case Details

Full title:EXPRESS DORMERS, INC., Respondent, v. ROBIN WALKER, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 16, 2009

Citations

2009 N.Y. Slip Op. 50458 (N.Y. App. Term 2009)