Bonanno v M.A. Constr. Co.

[*1] Bonanno v M.A. Constr. Co. 2004 NY Slip Op 50212(U) Decided on March 26, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 26, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-766 Q C

PAULINE BONANNO, Appellant,

against

M.A. CONSTRUCTION COMPANY, Respondent.

Appeal by plaintiff from a small claims judgment of the Civil Court, Queens County (D. Elliot, J.), entered June 20, 2002, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff instituted this small claims action to recover $1,350 alleged to have been paid to defendant for work, labor and services which plaintiff contends had not been performed. The credible evidence adduced upon the trial established that defendant was hired by the Department of Housing Preservation and Development (HPD) to perform emergency repairs in an apartment in a multiple dwelling owned by plaintiff. Defendant performed the work, which was inspected by HPD. HPD requested that additional work be done. Defendant was unable to complete the work as requested and HPD deducted 20% from the invoice, paid defendant and then billed plaintiff.
Inasmuch as HPD hired defendant, approved the work performed, and paid defendant therefor, plaintiff has no cause of action against defendant. Plaintiff's dispute, if any, is with HPD. In view of the foregoing, substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1804, 1807). [*2]
Decision Date: March 26, 2004