Opinion
March 8, 1993
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the judgment is modified by reducing the amount of damages awarded from the principal sum of $31,588.38 to the principal sum of $30,988.38; as so modified the judgment is affirmed; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
Contrary to the court's determination, we find that the agreement dated March 13, 1984, did not impose any obligation on the plaintiff to repair the skylight cage. In consequence, the award of $600 damages to the defendant arising out of the plaintiff's failure to repair the skylight cage was erroneous. However, we are satisfied that the remainder of the court's judgment was consistent with the weight of the credible evidence presented at the trial (see, Strauf v. Ettson Enters., 106 A.D.2d 737; Stempel v. Rosen, 140 A.D.2d 326).
Furthermore, we find that the court properly denied the plaintiff's motion for a new trial (see, Delagi v. Delagi, 34 A.D.2d 1005; Matter of Ballroom Prods. v. Abrams, 96 A.D.2d 1099). Thompson, J.P., Rosenblatt, Lawrence and Santucci, JJ., concur.