Versacio v All Floors Covered, Inc.

[*1] Versacio v All Floors Covered, Inc. 2004 NY Slip Op 51037(U) Decided on September 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., COVELLO and TANENBAUM, JJ.
NO. 2003-1433 S C

ANNA MARIE VERSACIO, Appellant,

against

ALL FLOORS COVERED, INC. and JOHN McGEE, Respondents.

Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (S. Hackeling, J.), entered May 30, 2003, in favor of defendants dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff brought the instant small claims action against defendants to recover the cost of a Congoleum floor which, several years after installation, had developed an open seam running down the center of the kitchen floor. The individual defendant, John McGee, is the principal of the corporate defendant, All Floors Covered, Inc., which
had sold the flooring to plaintiff and installed it. Although Congoleum, the manufacturer, had offered to replace the flooring, free of charge, it would not pay the labor cost for the installation. An "independent inspector's report" had found that the seam was not a result of improper installation.

We find that the evidence adduced at trial failed to establish that the flooring had been improperly installed by defendants. The determination of the trial court was supported by the record before this court and, therefore, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). We note that the [*2]documentation submitted by plaintiff with her brief is dehors the record and may not be considered on the appeal (see Chimarios v Duhl, 152 AD2d 508 [1989]).
Decision Date: September 20, 2004