Violante v Moonshine Constr. Co.

[*1] Violante v Moonshine Constr. Co. 2006 NY Slip Op 51188(U) [12 Misc 3d 134(A)] Decided on June 15, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 15, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2005-1102 K C.

Karen Violante, Appellant,

against

Moonshine Construction Co., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ann E. O'Shea, J.), dated March 23, 2005. The judgment, after a nonjury trial, dismissed plaintiff's complaint and awarded defendant the sum of $115 in costs and disbursements.

Judgment affirmed without costs.

In this breach of contract action, plaintiff seeks to recover for damages allegedly caused by defendant construction company as a result of substandard workmanship in pouring concrete in plaintiff's backyard. Upon a review of the record, we are of the opinion that the court below properly found that plaintiff failed to sustain her burden by demonstrating that defendant deviated from established practices in performing the work and that the deviation was a proximate cause of the alleged damages (see Barbour v State, 247 App Div 258, 262 [1936]).

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: June 15, 2006