Opinion
570273/08.
Decided February 18, 2009.
Defendant appeals from (1) a judgment of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered on or about March 21, 2007, after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $14,410.25, and (2) an order (same court and Judge), dated May 24, 2007, which denied its motion for a new trial.
Judgment (Barbara Jaffe, J.), entered on or about March 21, 2007, and Order (Barbara Jaffe, J.), dated May 24, 2007, affirmed with one bill of $25 costs.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Giving due deference to the trial court's findings of fact and credibility ( see Thoreson v Penthouse Intl., 80 NY2d 490, 495), we find ample support in the record for the court's determination that defendant improperly installed wood flooring in plaintiff's home and that plaintiff effectively revoked her acceptance of the flooring within a reasonable time after discovery of the defective installation ( see Uniform Commercial Code § 2-608(1) [a], [b]). Defendant has failed to establish the requisite extraordinary circumstances necessary to support a claim for ineffective assistance of counsel in the context of civil litigation ( see Matter of Robinson, 44 AD3d 961; Matter of Cichosz, 12 AD3d 598, 599). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.