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Petre v. New Era Contracting Inc.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 22, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)

Opinion

570452/19

10-22-2019

Gheorghe PETRE, Plaintiff-Appellant, v. NEW ERA CONTRACTING INC. and Ali A. Chaudhry, Defendants-Respondents.


Per Curiam.

Judgment (Bianka Perez, J.), entered March 14, 2019, affirmed, without costs.

Civil Court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's claims for breach of contract and defective services ( CCA 1807 ; see Williams v. Roper , 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000] ). Plaintiff failed to establish that the masonry work performed by defendant was defective, and failed to submit "[a]n itemized bill or invoice, receipted or marked paid, or two itemized estimates for... repairs" ( CCA 1804 ; see Jesurun v. AD Parking Inc. , 53 Misc 3d 132[A], 2016 NY Slip Op 51387[U] [App Term, 1st Dept 2016] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Petre v. New Era Contracting Inc.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 22, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)
Case details for

Petre v. New Era Contracting Inc.

Case Details

Full title:Gheorghe Petre, Plaintiff-Appellant, v. New Era Contracting Inc. and Ali…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 22, 2019

Citations

65 Misc. 3d 137 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51673
119 N.Y.S.3d 378