Dream Auto Sales, Inc. v American Signs
Decided on May 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2005-728 K C.
Dream Auto Sales, Inc., Appellant,
American Signs, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered on August 2, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,000, from which plaintiff appeals on the ground of inadequacy, and awarded defendant the principal sum of $2,000 on its counterclaim.
Judgment affirmed without costs.
Plaintiff commenced this commercial claims action against defendant to recover damages for breach of contract and defendant interposed a counterclaim for failure to pay the balance due for services rendered. On appeal, plaintiff contends that defendant should not have been awarded $2,000 on its counterclaim, and that the $2,000 award in its own favor was inadequate. Upon our review of the record, we find support for the award to defendant on its counterclaim, and we leave such award undisturbed. While we find no support for the award of $2,000 to plaintiff, which award cannot be reconciled with defendant's recovery on its counterclaim, in light of the fact that defendant did not take a cross appeal, we affirm the judgment.
Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: May 17, 2006