Fisher v N.Y. Flooring, Inc.

[*1] Fisher v N.Y. Flooring, Inc. 2007 NY Slip Op 50533(U) [15 Misc 3d 127(A)] Decided on March 20, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
570086/06.

Fred Fisher and Jacqueline Fisher, Plaintiffs-Respondents,

against

N.Y. Flooring, Inc., Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered October 18, 2004, after a nonjury trial, in favor of plaintiffs and awarding them damages in the principal sum of $10,091.

PER CURIAM:

Judgment (Geoffrey D. Wright, J.), entered October 18, 2004, affirmed, without costs.
The evidence, fairly interpreted, supports the trial court's determination that defendant breached the governing contractual agreement by failing to install the hardwood floor bargained for by plaintiffs. In the absence of a cross appeal by plaintiffs, we do not consider their
contention that the damages award was inadequate. This constitutes the decision and order of the court.
Decision Date: March 20, 2007