Cheung v Indoor Outdoor Flooring Supplies, Inc.

[*1] Cheung v Indoor Outdoor Flooring Supplies, Inc. 2009 NY Slip Op 50264(U) [22 Misc 3d 135(A)] Decided on February 18, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 18, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570273/08.

Lisa Cheung, Plaintiff-Respondent,

against

Indoor Outdoor Flooring Supplies, Inc., Defendant-Appellant.

Defendant appeals from (1) a judgment of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered on or about March 21, 2007, after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $14,410.25, and (2) an order (same court and Judge), dated May 24, 2007, which denied its motion for a new trial.

Per Curiam.

Judgment (Barbara Jaffe, J.), entered on or about March 21, 2007, and Order (Barbara Jaffe, J.), dated May 24, 2007, affirmed with one bill of $25 costs.

Giving due deference to the trial court's findings of fact and credibility (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]), we find ample support in the record for the court's determination that defendant improperly installed wood flooring in plaintiff's home and that plaintiff effectively revoked her acceptance of the flooring within a reasonable time after discovery of the defective installation (see Uniform Commercial Code § 2-608(1) [a], [b]). Defendant has failed to establish the requisite extraordinary circumstances necessary to support a claim for ineffective assistance of counsel in the context of civil litigation (see Matter of Robinson, 44 AD3d 961 [2007]; Matter of Cichosz, 12 AD3d 598, 599 [20094]). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: February 18, 2009