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Separ v. Island Home Improvement

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50222 (N.Y. App. Term 2004)

Opinion

2003-853 N C.

Decided March 31, 2004.

Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (J. Asarch, J.), entered December 10, 2002, dismissing her action against defendants and awarding judgment in favor of defendant Island Home Improvement, Inc. on its counterclaim in the sum of $1,784.00 plus interest, costs and disbursements.

Judgment unanimously affirmed without costs.

PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.


It was permissible for the corporate defendant in this small claims action for breach of a home improvement contract, to interpose a counterclaim for work completed and agreed upon since the counterclaim was related to the main claim, not complex and within the court's monetary jurisdiction ( see Marino v. N.A.S. Plumbing Heating Cntrs., 175 Misc 2d 519). We have considered the other issues raised and find them to be without merit. Accordingly, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807).


Summaries of

Separ v. Island Home Improvement

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50222 (N.Y. App. Term 2004)
Case details for

Separ v. Island Home Improvement

Case Details

Full title:ANNE SEPAR, Appellant, v. ISLAND HOME IMPROVEMENT, INC. and DANIEL SIMS…

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

Date published: Mar 31, 2004

Citations

2004 N.Y. Slip Op. 50222 (N.Y. App. Term 2004)