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.