Opinion
Argued November 3, 2000.
December 6, 2000.
In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the defendant appeals from a judgment of the Supreme Court, Queens County (Posner, J.), entered May 26, 1999, which, after a nonjury trial on the issue of damages, is in favor of the plaintiff and against him in the principal sum of $105,297.
James W. Dougherty, Malverne, N.Y., and Farrell Fritz, P.C., Uniondale, N.Y. (John M. Armentano and Timothy J. Hopkins of counsel), for appellant (one brief filed).
Massoud Pashkoff, LLP, New York, N.Y. (Ahmed A. Massoud of counsel), for respondent.
Before: WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly admitted into evidence the plaintiff' s summary charts, which were the plaintiff's Exhibits 2B through 4. Under the circumstances of this case, the Supreme Court did not err in basing its award upon those exhibits (see, Clark-Fitzpatrick, Inc. v. State of New York, 258 A.D.2d 431; see also, Suffolk County Bldrs. Assn. v. County of Suffolk, 46 N.Y.2d 613, 621; Berley Inds. v. City of New York, 45 N.Y.2d 683, 686).
The appellant's remaining contentions are without merit.